Discovery Question


#1

I am starting all over again with litigation, since my ex has filed for Custody yet again. The first go-round, I was represented and now I’m Pro Se. The first go-round, my attorney did not send out Discovery until about 30 days before the hearing was scheduled and it was never produced.

I am planning to send out the same Discovery, but had a question. The request sent by my attorney states that the documents, things will be produced at his office on x date, but I have seen sample documents that state Discovery should be produced in the opposing attorney’s office.

Would it be okay for me to state the documents, etc. should be delivered to me or is this not normal practice? I am in FL, so cannot just drop by my ex’s attorney’s office to pick up.

I guess I could designate someone to pick up the items for me and ship them to me. Would that be acceptable?


#2

It would be fine to have your request ask that they be mailed to you. Most lawyers cooperate with one another and deliver the documents as requested,
however the other side does not have an obligation to do that. All the rules require is that the documents are made available for you to inspect and copy them. (usually at opsonising counsel’s office).