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  • Request for Information / Previously Denied

    My ex sent me a long list of disclosure requests.

    We had a SC where the judge reviewed the list and declined to make an order for it.

    Ex brought a motion for the long list of disclosure requests.

    Judge reviewed the list and ordered that no further disclosure is needed.

    We went back for another SC/TMC, where ex tried again to get the long list of disclosure which was denied.

    Now my ex has served me with a Request for Information, with the long list of disclosure attached.

  • #2
    So...what's your question?

    Comment


    • #3
      How should my response differ from an official form: Request for Information vs the regular email disclosure request I receive?

      As the disclosure has already been seen 3 times in court by 2 judges, can I just send a simple email to her stating that, or do I have to serve/file my response?

      Comment


      • #4
        Since 2 judges 3 times have basically ignored the request, just follow suit.

        Thank him for his request, but indicate you'll be ignoring his request due to the latter reason.

        Alternately, you can provide him the information or go to trial on the whole matter.

        Lastly: Do not use email to communicate to the opposing lawyer about important communications.

        Comment


        • #5
          I'm not sure I agree. The judge at the other court appearances likely didn't have sufficient info. And they won't be the same judge at trial. What are the documents he is trying to get and why are you denying them?

          Comment


          • #6
            Our case management judge sufficiently knows our case well and denied it twice. In between we had a motion for the sole purpose of reviewing the request which was denied as well.

            Since my ex would keep asking for updates on my fixed disability income, I consented to an order that she can contact my disability benefit providers directly and request my financial disclosure at her own expense.

            The request is pages of items that are either non-existent, non-relevant, already provided, or info she has access to herself.

            Comment


            • #7
              Conference judges will not be a trial judge. Motions judges can potentially be a trial judge.

              Items 1-6,9, 10, etc. already dealt with on motion/conference heard mm/dd/yyyy

              Items 1-6,9, 10, etc. non-existent, non-relevant, already provided

              Comment


              • #8
                Why not just provide the information?

                Unless there is a court order indicating information requested is denied I believe the request can be made multiple times.

                Comment


                • #9
                  Why would he have to provide the information if she has been unsuccessful in court 3 times regarding the same information she is requesting? If it was relevant a judge would have ordered him to provide, but the judge denied the request... 3 times...

                  I would do as limer said and follow what has already been dismissed.

                  Comment


                  • #10
                    I suppose if there is a written order that request is denied then he could simply send that to her.

                    I find it odd though as I don't believe I have heard of anyone's request for financial disclosure denied.

                    I guess I stand corrected. After all, an order is an order.

                    Comment


                    • #11
                      It does seem strange Arabian, but if it is something totally unrelated to the case, or like the OP said, already provided, one should not have to provide it.

                      OP- if you don't mind sharing, what exactly is she requesting? It may help others out knowing what things Judges don't think need disclosed? If you don't feel comfortable, totally understandable.

                      Comment


                      • #12
                        Just an FYI, the judge we saw at our last court appearance indicated that we were not entitled, nor should we even need a particular document we have been trying to get from the other party for a long time. We asked the judge to Order it since the other party would not provide it. The judge refused and said we were not entitled to it. Not exactly sure how this judge came to that conclusion as it was a medical file for one of the kids.

                        We went through other avenues to gain access to it. Sure as sh%t we were entitled to it and the physician had to be coerced by the governing body to supply it.

                        All that to say, the judge was wrong. And now that we have seen the document we know exactly why the other party didn't want us to see it!

                        Comment


                        • #13
                          Serene -you are correct to pursue any document you feel is valid to your case. Judges do err and all it takes is a different judge to have the documents ordered to be produced. In this particular case I believe this is a case-conference judge and I don't believe there has been an "order." (I could be wrong) There is nothing keeping either party from continually requesting the documentation.

                          I think that full financial disclosure is essential. If one party is not provided with full financial disclosure and important information is later unearthed then I believe the uncovering of new information could be just cause to overturn a ruling.

                          If everyone puts the cards on the table it would make things less costly in the end wouldn't it?

                          I don't think it "looks good" to refuse to produce full financial disclosure. Once the information is out there then it could be argued whether it is relevant or not.

                          Comment


                          • #14
                            Keep in mind that the lawyer might be trying to steer you away from the "real" issues of the case by using the Request for Information as a red herring, and redirecting your efforts from where they should be.

                            Comment

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