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David L
David L, Family Law Attorney
Category: Family Law
Satisfied Customers: 3255
Experience:  Practicing family law attorney in multiple jurisdictions
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Evidence. When in family court, when the other party will

Customer Question

Evidence. When in family court, when the other party will not answer interrogatories, should you wait to submit certain pieces of your evidence until you see how they answer the interrogatories? Or should you turn it over when you submit initial discovery
requests, even though you responded evidence to be supplied upon receipt?
Submitted: 2 years ago.
Category: Family Law
Expert:  David L replied 2 years ago.

Hi and thanks for asking your question. My name is ***** ***** I will be assisting you with your question. You should submit your evidence within any time limits set by the court. That way, you don't violate and orders or miss any deadlines. If the other party is not timely answering the required interrogatories, you have the option to file a motion to compel. That motion would force the other party to file their answers or face sanctions by the court.

Customer: replied 2 years ago.
If you are currently waiting on responses from subpoenas, answers from interrogatories, and documents. Can those be submitted late (30 days before trial) to the opposing party, or will you have to ask permission from the judge to enter the evidence into the hearing?
Expert:  David L replied 2 years ago.

If you are waiting on answers or other information that you timely requested but hasn't been provided, the best course of action is to probably file a simple motion asking for an extension of time. The court will usually grant these motions and it puts on record the fact that the third parties haven't responded in the time periods required or requested.

Customer: replied 2 years ago.
If you state that evidence will be supplemented upon receipt, does that allow subpoenaed evidence supplied by opposing employers to be submitted late?
Expert:  David L replied 2 years ago.

If you have served subpoenas on the opposing employers, then they are required to respond in a timely fashion or file objections. If they haven't responded timely to your subpoenas, you can ask the court for an extension and probably file the motion to compel discussed above. Until you receive the evidence, you should most likely be able to obtain extensions from the court, so long as you served everything properly and it's the third party that is solely responsible for the delays.