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Old 10-09-2017, 06:35 PM
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Default STBX refuses to provided self incriminating disclosure - what now ?

Hello community,

I have several orders for disclosure including ones for details regarding STBX's work history. They have failed to provided disclosure as I know from the kids she worked several double shifts.

How do I get these details ?

thanks

PND
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Old 10-10-2017, 11:46 AM
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You have two main options:
1 - pressure on the opposing side. This is accomplished by motions to penalize them for failing to provide the disclosure (ie, rule 1(8) or contempt).
2 - motion for third party disclosure, which would be served on both the other side and the third party.

Courtesy dictates that you would write to the third party first, to let them know you are contemplating this motion, the grounds for the motion and to provide them with a draft order. Ideally, they will write back to say that they will not oppose a motion for the relief as set out in the draft order. If they indicate that it is being opposed, canvass them for availability before setting the motion.
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Old 10-10-2017, 12:47 PM
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Quote:
Originally Posted by OrleansLawyer View Post
You have two main options:
1 - pressure on the opposing side. This is accomplished by motions to penalize them for failing to provide the disclosure (ie, rule 1(8) or contempt).
2 - motion for third party disclosure, which would be served on both the other side and the third party.

Courtesy dictates that you would write to the third party first, to let them know you are contemplating this motion, the grounds for the motion and to provide them with a draft order. Ideally, they will write back to say that they will not oppose a motion for the relief as set out in the draft order. If they indicate that it is being opposed, canvass them for availability before setting the motion.
OL, most excellent. Thank you. A couple of follow up questions please.

1. The Justice in our last motion blasted STBX's counsel for "availing themselves of the court system" and has indicated that NO further motions are allowed without leave of the Court. So I would have to seek the leave by way of 14b, served on the other party (not ex parte) i assume for such leave ?

2. If I am successful in motioning for third party disclosure, can I nail costs for the 3rd party disclosure motion and preceeding 14b on the other party ? Unlikely i think if they are saying they don't have the stuff, even though they were ordered to provide and havn't given a good reason for not having complied.

3. Should I warn the STBX counsel that if they don't produce reasonable disclosure, that I will pursue this avenue ?

Thanks again so much.

PND
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Old 10-10-2017, 12:50 PM
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If the justice said no motions wouldnt that be on the other party? That they cant file without leave because they are being difficult?
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Old 10-10-2017, 01:00 PM
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If the justice said no motions wouldnt that be on the other party? That they cant file without leave because they are being difficult?
Thanks for your response RS.

That differentiation was not made by the order. It was an "enough is enough". It seems that it would upon a 14b.
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Old 10-10-2017, 02:58 PM
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Quote:
1. The Justice in our last motion blasted STBX's counsel for "availing themselves of the court system" and has indicated that NO further motions are allowed without leave of the Court. So I would have to seek the leave by way of 14b, served on the other party (not ex parte) i assume for such leave ?
If both parties are barred from bringing a motion without consent, then your choices are:
1 - bring a motion, with the first head of relief being to see consent.
2 - procedural motion, either under 14B or regular 14.

Which option you choose is based on how the judges in your area like to run their Court. Ex Parte would not be acceptable.

Quote:
2. If I am successful in motioning for third party disclosure, can I nail costs for the 3rd party disclosure motion and preceeding 14b on the other party ? Unlikely i think if they are saying they don't have the stuff, even though they were ordered to provide and havn't given a good reason for not having complied.
You would ask for costs from the opposing party on the grounds that the motion was required as a result of their failure to obey the motion.

Generally, costs are not awarded against third parties, particularly if they are institutions that are obligated to refuse consent (and may be obligated to oppose the motion).

Quote:
3. Should I warn the STBX counsel that if they don't produce reasonable disclosure, that I will pursue this avenue ?
Of course. "If disclosure not provided by DATE then I will bring motion for RELIEF."
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Old 10-10-2017, 11:21 PM
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Quote:
Originally Posted by OrleansLawyer View Post
If both parties are barred from bringing a motion without consent, then your choices are:
1 - bring a motion, with the first head of relief being to see consent.
2 - procedural motion, either under 14B or regular 14.

Which option you choose is based on how the judges in your area like to run their Court. Ex Parte would not be acceptable.



You would ask for costs from the opposing party on the grounds that the motion was required as a result of their failure to obey the motion.

Generally, costs are not awarded against third parties, particularly if they are institutions that are obligated to refuse consent (and may be obligated to oppose the motion).



Of course. "If disclosure not provided by DATE then I will bring motion for RELIEF."
OL, many many thanks.

Most respectfully PND
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Old 10-11-2017, 07:40 PM
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Quote:
Originally Posted by plainNamedDad44 View Post
Hello community,

I know from the kids she worked several double shifts.



PND
Get the proof? Kids can say anything.
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Old 10-13-2017, 10:50 PM
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Originally Posted by foreverhome View Post
Get the proof? Kids can say anything.
the entire point of this thread is how to get the proof.
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Old 10-14-2017, 11:37 AM
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Hire private investigator? Go talk to her co-workers? her boss? Report to tax people?
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