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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 05-03-2011, 10:41 PM
fieldgrey fieldgrey is offline
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Default Rule 19 - Affidavit of Documents

14 months after my start of motion to vary Spousal Support, and two boxes of document discovery later, the ex and I are less than two weeks to trial (both self rep). Today, my ex requests under FLR Rule 19 an affidavit of all documents 'pertinent to the case' which I understand is a request in earlier parts of discovery through conference stages. The due date: Friday before Monday of trial start. All documents are already listed in court record. Total distraction and a paper tiger.

Anyone have some real justice experience with rule 19 affidavits? I don't have any time for this. I have exit pretrial conference next week and thinking about oral motion to reject the request.

Anyone have insight or advice? Thanks.

FG
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Old 05-03-2011, 10:56 PM
lilspinx lilspinx is offline
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lol I would submit, all, to date, along with any orders or endorsements made along the way based on relevance.
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Old 05-04-2011, 08:19 AM
Cobourg Cobourg is offline
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I had a similar experience in our case.
She had prepared a list of her documents in exacting detail.
The name of the document, where it could be located in the Continuing Record, the date it was presented to me if it was not in the record and a brief summary of what it was and the contents.
She requested the same from me.
She was not working at the time and really had nothing better to do all day. The timing was not as bad as what you appear to be in.
I made a list, and numbered the documents and just named them. I noted if they were in the Continuing Record or not, but not the actual location.
If I had not given them to her yet, I noted that they were attached and made a copy for her.

She actually filed a motion to have me produce the same document as her. Judge basically chuckled and said what I had produced was just fine.

I could not find any hard and fast "rules" as to what the content and form of the document should be.

Try to prepare something for the Exit Conference next week and ask the judge for imput at that point.

Good Luck
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