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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 118789
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Family Law Attorney - Background - Mother filed suit to

Customer Question

Family Law Attorney -
Background - Mother filed suit to modify custody and visitation. I (father) am appealing the final order to Circuit Order. Court date has been set.
1. Does mother's side present her case first since mother filed original suit in JDR Court, or do I go first since I appealed?
2. Do I need to file a motion for the court to authorize discovery, or do I just serve my discovery on opposing counsel?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you are appealing the case, you get to present your legal issues on the appeal first and then the other party gets to respond to your objection on the legal issues you are appealing.
You can send requests for discovery to the opposing counsel, they do not go through court. If the opposing party refuses to answer, then you go to the court and get them involved by filing a motion to compel answers to the discovery.