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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-27-2011, 10:57 AM
fieldgrey fieldgrey is offline
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Default summons as in trial discovery?

Has anyone had an experience, or can give advise on a summons issue: we are in trial next month, and we've gone through a year of disclosure and discovery requests because:
a. I was unemployed for a while
b. started a company with a business partner (revenue 2010 was < 30k)
c. I found a new job mid-2010

The disclosure stands at 2 boxes.

Now, 3 weeks before trial, my ex issues a summons to my business partner... who I've already summoned to testify about our startup.

My ex's summons is asking for a number of documents that were never requested in a year of disclosure including requesting my business partner to disclose her personal income outside of our business together (from their own, unrelated full time job) and other unrelated items.

It's a fishing expedition, and it seems wrong to do this through summons at trial and not 3rd party disclosure orders before trial.

I thought trial was the trying of evidence, not gathering of evidence.

Advice on how to get this issue of 'summons as discovery tool' dealt with at trial? We're both self rep.

Thanks-

FG

Last edited by fieldgrey; 04-27-2011 at 10:59 AM. Reason: more accurate title
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Old 04-27-2011, 08:32 PM
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Rayon de soleil Rayon de soleil is offline
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Hi Feldgrey,

Have you already participated in a Trial Management Conference? They are mandatory when you are self-rep. That may be the opportunity to bring it up with the judge...

Three weeks before the trial, parties should be submitting their Trial Record (Trial Book) and Affidavit of documents, no?

Did you try talking to a duty counsel, at the courthouse?
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Old 04-27-2011, 08:44 PM
fieldgrey fieldgrey is offline
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Quote:
Originally Posted by Rayon de soleil View Post
Hi Feldgrey,

Have you already participated in a Trial Management Conference? They are mandatory when you are self-rep. That may be the opportunity to bring it up with the judge...

Three weeks before the trial, parties should be submitting their Trial Record (Trial Book) and Affidavit of documents, no?

Did you try talking to a duty counsel, at the courthouse?

The duty counsel at my local courthouse have been useless on trial matters since we passed the trial mgmt conference 2 months ago - most have never done trial work, and even tell me they can't advise on trial matters.

Exit pre-trial is coming up and we'll probably hit it then.

The trial record (with admits) is done, but evidence can go in right up to a few days before trial. My concern is the ex is asking for new documents through the summons, and some of them are outside the scope of trial. I don't know how to deal with this proactively.

FG
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Old 04-28-2011, 03:54 PM
Alentia Alentia is offline
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Any disclosure requests to 3rd party should be in a form of court order. Judge has to sign on a summon or court order. If it is not signed by judge it has no power and your partner can simply ignore it.
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Old 04-28-2011, 05:30 PM
lilspinx lilspinx is offline
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FL and Civil Summons is powerful as no judicial sign off is required to impliment. Fresh Evidence can also be submitted at Trial.
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Old 04-29-2011, 01:15 AM
fieldgrey fieldgrey is offline
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Quote:
Originally Posted by lilspinx View Post
FL and Civil Summons is powerful as no judicial sign off is required to impliment. Fresh Evidence can also be submitted at Trial.
My question goes to the reach of a summons in requesting unrelated 3rd party documents. I'm trying to figure out how to deal with that....as it's clearly fishing. I guess I have to deal with this in daily matters before trial judge?

FG
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Old 04-29-2011, 01:23 AM
lilspinx lilspinx is offline
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Effective Expedition. Weigh the prospects of a procedural motion to resolve during trial.
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Old 04-29-2011, 01:27 AM
fieldgrey fieldgrey is offline
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Quote:
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Effective Expedition. Weigh the prospects of a procedural motion to resolve during trial.
Sorry lilspinx, but you've just gone right over my head. What foundation for a procedural motion?

Much appreciated, FG
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