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Old 03-24-2009, 01:45 PM
independentgal independentgal is offline
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Default Motion for disclosure

Do I fill out a Notice of Motion form or a Notice of Contempt Motion when I am asking for the other side's pleadings to be struck?

The ex has not complied with two court orders for disclosure, several faxes requesting disclosure including financial statement, not answered undertakings, refused to answer relevant questions re: his income in questioning etc.

I realize he is in contempt but the burden of proof is high. He plays stupid in court about providing disclosure, saying he doesn't understand how to fill out the forms(he has had a high end lawyer for four years, he is not naive to the process).

Our matter has a trial date already. The trial management conference was adjourned because ex did not fill out his form 17E as required for hte conference. The judge that day told me twice to bring a motion to have his pleadings struck for failing to comply with orders. I plan to do that. Is it hard to have pleadings struck? I am self represented and am wondering if my feeble attempts to argue the motion will not result in success. I don't want costs for an unsuccessful motion awarded against me.

Should I try for contempt, or pleadings struck, or just ANOTHER motion for financial disclosure.

Also, because of ex, our trial mgt. has been adjourned until 4 months from trial date. Is this enough time?

Any advice would be appreciated.
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