Discovery request and timely filed papers

We went to court on a Wed. the judge asked us if we had our discovery requests ready. Neither of us did., they were to be filed by the upcoming Monday. I filed mine on time. He filed his 3 weeks later----and copied my documents without changing anything!!! Since it was filed late do I have to honor it?

Yes, you will still need to use the discovery documents that your husband submitted, even if late. However, because they were late, depending on when the next court date is, you may be able to ask for a continuance if you’ve not had a chance to review everything in time.

Also, if your husband copied the responses/information that you provided, then you would be able to discredit him during a hearing during your cross examination of him.

You can also file another discovery request asking for specific documentation if he did not provide it and you need those specific documents. Or, if you’ve already asked for a specific document and he did not provide it, then you could file a motion to compel which could allow the judge to order that he produce the document by a certain date.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

I need a supplemental discovery form

There are no standardized/pre-printed forms for discovery.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.