Extension for discovery


#1

The history of my ex lawyer is to file to extend his discovery until a date after the court date- resulting in little or no discovery.

This last case on Sept.7 he filed so he did not have to produce until Sept 21 of course the case is over but my question is does he still need to produce the info by Sept 21? The info I was requesting was to see if my ex had any unreported lump sum settlement form Workers comp ( my daughter told me he mentioned a $63,000.00 settlement to her) I am thinking if he did received a settlement and did not let the Judge know that there would be something we could do… perhaps file another rule 59? The new revised court order has not been entered yet- this Sept. 7 is the rule 59 that needed to go back to court because it came to light he had an additional $567.00 income per week he did not report at our last March court case.


#2

If you have newly discovered evidence you may file for relief from judgment, the ruling has been made, even if the Order has not yet been reduced to writing.


#3

Thanks you , but I need to know does opposing party need to supply discovery by the extended date of Sept 21 even though the court case is over?


#4

If there are outstanding issues, yes.


#5

The only way for me to know if there are any outstanding issue is to see the discovery, which I have not. I believe my ex recieved a lump sum settlement that should have been reported as income but without this discovery can not tell.
Do I have the right to write my ex’s lawyer and request he forwards me the discovery that was requested and now overdue ( even though case is over) so I can rule out any outstanding issues?


#6

If you have a pending motion for the discovery to determine if you can modify support and need the documents to determine your next course of action the court can compel production of the documents.
You may write the lawyer.