When can I expect opposing party’s counsel to begin discovery ahead of an April 30th custody hearing? What documents are requested in a standard discovery? We were never married and have never lived together.
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Not all parties choose to do discovery. If your opposing party intends to do formal discovery and there is a permanent custody trial on 4/30/20, then you could expect to be served with formal discovery at any time between now and the end of February. The closer you get to the trial date, the less likely it becomes that you will be served with formal discovery.
You can expect interrogatories (written questions and answers), request for production of documents (e.g. pictures, medical records, resume, etc.), and/or depositions (spoken questions and answers similar to a trial and documented by a court reporter).
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
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Just want to respond to this for future readers who might find themselves in a similar situation in Johnston County:
I consulted with an attorney recently and was told that attorneys here in Johnson County rarely do discovery. She didn’t recommend I bother with it, maybe in part because I have a lot of actual evidence. The opposing party’s attorney is Nicki Sanderson with Woodruff Fortner and this attorney said she never does discovery.