How far back does Discovery go?
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How far back does Discovery go?
Re: How far back can discovery go? They can go back as far as they want to, however, if you get a discovery request for bank statements from 20 years ago, you should be ok just saying you don’t have them and they are not readily available. Then they can try and subpoena the information if they really want it.
What happens if you dont answer discovery?
Your lawyer will be required to type up the answers, put everything in proper form and send off the answers. There is a hard thirty-day deadline for answering discovery. If answer is not made in that time, the party who issued discovery can request the court to enter sanctions against the non-answering party.
What happens if you get caught lying in Family Court?
Lying under oath is perjury, a criminal offence. The lawyer for the other party will try to make you out to be a liar. Lying about a small thing can have a significant adverse impact on the rest of your case. If you are caught out in a lie it destroys your credibility.
Do I have to answer interrogatories in a divorce?
There are several kinds of written discovery that you and your spouse can use to get all the information you need. You will likely be required to answer the questions and produce all the documents asked for as long as it is reasonable, and a lot is considered reasonable during a divorce.
How do I find hidden assets in a divorce?
You may find bank statements, stock certificates, or title to property. Typically, it is easy to store documents away and hide them from the other spouse because when we have no reason to go looking for things, we do not. This may be one of the easiest and most effective ways to find hidden assets.
What happens if plaintiff does not answer interrogatories?
If the plaintiff does not respond, you can file a motion for order compelling discovery. In the motion: Explain to the judge that you asked the plaintiff to give you documents and, Ask the judge to order the plaintiff to give you the documents you requested.
What is discoverable in a divorce?
Discovery is a legal term referring to a fact-finding process that takes place after a divorce action has been filed and before the start of trial. Discovery requires the parties to disclose material facts and documents and allows the parties in the case to prepare for settlement or trial.
What financial documents are needed for divorce?
What documentation is required?Evidence of income (3 most-recent pay slips);Last 3 tax returns;Bank statements for the 12 months prior to separation to the current date (including accounts in the sole name of each party or in which a party holds jointly with another person);