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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 19662
Experience:  B.A.; M.B.A.; J.D.
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Defendant in a divorce withdrew their motion with an order

Customer Question

Hello, Defendant in a divorce withdrew their motion with an order stating " parties have resolved, withdrawn without prejudice CC ". Plaintiff did no action following that order. Defendant resurrects the case upon her knowledge of receiving a large sum
of money. Defendant starts the case 7 years later with the same motion the judge had ruled on. It was a discovery request and now 7 years older. Isn't there a rule that would restrict this? How can one be expected to be accurate 7 years later? Especially when
the original request was going back 4 additional years. How can the words " parties have resolved " have meaning if defendant can change ther mind 7 yrs later ? Opposing council literraly sent in same paperwork with the 7 yr old dates.
Submitted: 2 years ago.
Category: Family Law
Expert:  Phillips Esq. replied 2 years ago.

I am sorry, but I do not understand your post.

Could you review it, properly identify the issues and the parties and resubmit?

What was the Motion about?

What did you mean by the "Plaintiff did no action following that order?"

What did you mean by "Defendant resurrects the case upon her knowledge of receiving a large sum of money? "

Customer: replied 2 years ago.
Thank You,
I try to be short and sweet being mindful of time I apologize.
I am the plaintiff filed for divorce
Spouse, defendant, got very carried away with discovery requests. I explained that if we calmed down this divorce process would be less expensive and perhaps she could stay in house with kids in school to minimize dysfunction.
She withdrew motion as stated above
7 years later she opens the case up, as defendant, from no activity on case for 7 years
She submits the same book of discovery requests. I hope that is clear thank you
Expert:  Phillips Esq. replied 2 years ago.

Thank you for the information.

There is no law that prevents the Defendant from sending the same discovery requests from seven years ago. However, there is also no law that says that you must provide something that you no longer have. Nevertheless, you must either object to the requests or object to some of them and respond to some. Either way, you have to file a response. See PA Code Chapter 4000:

http://www.pacode.com/secure/data/231/chapter4000/chap4000toc.html

You can object on the grounds that

  1. the information being requested is redundant;
  2. is being used for fishing expedition;
  3. is overly broad and burdensome and will not lead to admissible evidence;
  4. is irrelevant and immaterial to the issues presented and will not lead to admissible evidence.

For more information, click on the link below:

http://www.civillawselfhelpcenter.org/self-help/lawsuits-for-money/discovery-stage-getting-the-information-you-need/245-responding-to-the-other-sides-request-for-information

Customer: replied 2 years ago.
Hello,
Expert:  Phillips Esq. replied 2 years ago.

I am sorry, what is your question. The only thing that came through in your post is "Hello."