Question from NC Attorney


#1

Hello! Looking for an answer that seems simple but I can’t find it.

A pro se client just hired me, and of course the file is a mess.

The client is the mother and primary custodian of an 8 year old.

The Dad is represented and has filed a “motion in the cause” to modify the 5 year old child support order (alleging change in circumstances).

After the motion was filed the dad’s attorney served my client with Requests For Production pursuant to Rule 34, seeking all kinds of financial records from my client.

When the client didn’t provide the docs within 30 days the attorney filed a motion to compel.

My question is, can you serve someone with Rule 34 RFP’s for a pending motion? I thought that was only for discovery prior to a trial (which took place here over 5 years ago).

This is in mecklenburg.

Thanks for any help.


#2

Unfortunately we no longer practice in Mecklenburg County, but it is my understanding that
the calandared modification hearing would constitute a pending action, and thus discovery would be proper. A great resource to get questions like these answers is the North Carolina Bar Association. If you are a member of the family law section, you can ask questions on the listserve.