Judge Refuse Motion to Compel Discovery?

North Carolina Divorce Law Divorce and Separation Answers
1

My attorney requested Discovery from ex’s attorney 1/20 - to be produced 2/23. We had a partial custody hearing on 2/16 and I did not have Discovery yet. Ex’s attorney stated he filed for extension prior to the hearing giving him until 3/23.

I have now terminated my attorney and am representing myself. Ex’s attorney has still not produced Discovery so I filed a Motion to Compel. A hearing has been set for 4/27 and our continued custody hearing is set for 6/5.

Ex’s attorney responded to my Notice of Hearing stating the judge said in open court that he did not have to produce Discovery. I don’t remember that being said, but if it was, can a judge deny me Discovery?

2

If the judge denied your discovery request he or she must have done so for a reason. You should check with the clerk and see if you can obtain an audio transcript of the hearing so you can ascertain the reason for the judges denial.