Discovery/Motion to Compel/Show Cause


#1

Hello:

I wanted to know if you could help me with the next step(s) that I should pursue in order to obtain my discovery requests. February 2014, I sent RFP to opposing counsel. The request was ignored and on August 29, 2014, I filed a Motion to Compel with Show Cause Order. I calendered my motion on the district court calendar, sent notice to opposing counsel, clocked my motion/order and exhibit RFP for September 30, 2014. I also received notice from the courts that all was in place for said motion a few days after I calendered it. I arrived for docket, but my motion was mysteriously removed from the calendar. I re-calendered my Motion to Compel/Show Cause for December 10, 2014, which is the newest trial date after it was continued without my knowledge.

On October 11, 2014, I received a small amount of the RFP from opposing counsel, but it is far from complete. Bank account statements were NOT provided, Taxes not provided, IRA and stock statements not provided, but 3 credit card statements were provided as marital debt, of which I had no knowledge of since he kept many things secret from me. My ex retired from the Army after 30 yrs in May 2012, and is now a contractor overseas, and makes a great deal of money, so I know he has tax statements.

October 7, 2014, I sent RFA, and Interrog’s to opposing counsel.

I would like to know which route I should go in order to obtain the requested documents from February, as well as those I intend on requesting in a 2nd set of RFP.
Do I Amend the Motion to Compel for the missing docs, Subpoena the missing docs, or request the missing docs in the 2nd set of RFP? I have prepared a subpoena, and know that I must get it signed by a judge.

Oh and the remaining issues to be decided are: ED; Permanent CS; and Alimony.

Any help you could provide would be greatly appreciate.

Monica Brown


#2

If he still has not provided what you originally requested, you don’t need to amend the motion. The motion addresses the missing documents. Of course you could also subpoena the documents but you have to know where to send the subpoena and bear any up-front costs of the subpoena.


#3

Thank you! I did make 2 follow up phone calls to opposing counsel’s office letting them know that I am not in possession of those particular docs on October 13, 2014. I don’t understand why I am having so many issues with this particular attorney. I am a certified paralegal not an attorney, and although I am quite familiar with the NCRCP, I have come to the conclusion that there is a huge difference between adherence to the rules versus common practice of the law. In my opinion it is far easier to adhere to the law. I am not equipped to argue the law in a courtroom setting, and quite frankly, it scares the heck out of me. I have read rule 11 and Rule 26(g) and curious to know how often Rule 26 (g) comes into play. Will I look like an idiot referencing it?

I appreciate your response, and I do know that it is always left up to the judge in the end.
Monica


#4

Just a note

You rock Monica!!
I applaud your determination and decision to do what you can on your own.
Don’t be afraid to speak in court, your tenacity is to be admired along with your passion and strength!!!

Our situation is similar in some aspects; keep fighting the good fight!
You have actually been a good source of information for me, and I look forward to reading of your success in the future :slight_smile:

Rock on!

(Thank you Lee Rosen for this site!!)


#5

Wow! I appreciate your confidence in me. I honestly love the law, even if it doesn’t always lean more towards my side of the scales. My employer doesn’t practice family law, and aside from a small amount of it in school, it is unfamiliar territory for me. In my opinion, the local rules coupled with the statutes can overload the brain in many ways, especially if one is tackling their own personal case. I didn’t intend on doing so, but after maxing out 3 credit cards to pay attorney’s fees, I had to make a tough decision to go the rest on my own. I just keep pushing forward in hopes that I don’t trip.

I volunteer for my local domestic violence shelter, and thankfully I work with a fantastic attorney who provides free legal services to those lost souls I bring to him. I am fortunate to have a bachelors degree in Advanced Paralegal studies, and certified by the state bar, yet it doesn’t quell my fears of the courtroom. I will just continue to follow the laws in hopes that opposing counsel follows my lead.
I wish you well in your journeys.