Production of Documents and Things


#1

In a filing of a Production of Documents and Things can they require me to produce statements and financial information after the date of separation? I understand all information before that date. Can they also require me to have appraisals for the value of items listed on the ED and if so who has to pay the cost for this. One example is they are requiring me to have documentation to verify the item’s value in non-working condition. This is in regards to a jetski and golf cart that my wife agrees is not working. This has caught me off guard since on the same day as I received this she requested documents which I provided. Did they have to fie this?


#2

Yes, your spouse can ask for financial documents for periods after the date of separation. This is to see what has happened to the marital funds in accounts since the date of separation, as well as to see the current values. The marital estate is “frozen” on the date of separation, so the values as of the date of separation are the most important and are the values that equitable distribution is based off of.

Yes, they can require that there be appraisals done on items of personal property, even if they are in non-working condition. If there were to be an equitable distribution trial, the judge will need to know an exact value of the personal property items rather than the guesses of the parties. You may request that both parties pay for one-half of all appraisals.

Receiving a Request for Production of Documents and Things is a common tool used in the discovery process in all civil cases, including divorce cases. It is used to obtain more information from the other party.


Anna Ayscue

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

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.


#3

@Anna Ayscue How do you file for production of documents? My husband has ignored my request for all financial documents and I can’t afford an attorney.


#4

You would draft a Request for Production of Documents and Things (this is a document with the court heading at the top and numbered lists of documents to request) and serve it (by mail) on the other party. You will not need to file the actual Request for Production of Documents and Things, but you will need to file a certificate of service to show that you indeed did serve it on the other party. North Carolina Rules of Civil Procedure state that a party receiving a Request for Production of Documents and Things has 30 days from the day they receive it to produce the documents. If he does not, you can file a motion to compel discovery in which a judge could order him to comply with the Request for Production of Documents and Things that you originally served on him.


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.