Time Frame Question


#1

My husband and I began living separately November 2008.

He filed for ED and our first pre-trial scheduling conference was October 26,2011,

At that time his attorney requested 90 days for discovery.

The judge awarded it, ordered discovery to be completed within 90 days, and said she would see us back in court in February.

I waited to receive discovery documentation to respond to and received nothing, so called his attorney on Jan 11th to ask about the status of discovery.

I just received documents in the mail, dated Jan12th, entitled Plantiff’s First Set of interrogatories and request for production of documents.

I have received nothing to respond to. Just a list of questions for ME to give THEM information. I am not the one suing and do not feel what they are requesting is correct. There is not even a divorce in process. Even if asking all these questions is part of the normal procedure, it appears the time frame in which they are being started is way of of line with what the judge ordered.

Isn’t it the plantiff’s responsibility to provide me with what his contentions are and that I either agree or deny them? Am I legally liable if I choose NOT to provide them with all the documentation they are requesting? They want me to produce all my personal bank information, tax returns, etc…AFTER the date we began living separately. He has yet to provide me with anything.

The only item in contention is the marital home, from my understanding. It is also the only marital asset that needs to be divided equitably, and that is only because HE started this lawsuit.


#2

They are allowed to ask you to answer questions and produce documents. If there are documents, or questions, you don’t think you should have to produce, or answer, then you may object, but if you fail to produce the documents, answer the questions, or object they will show cause you and then you’ll have to explain to the judge why you didn’t respond. You can serve them with your own interrogatories and requests for production, but it would be in your best interest to hire an attorney.