discovery was requested of November of 2012 and had been extended several times with notice to compel by march 5th 2013.my wife and lawyer only forwarded an incomplete formal discovery and now I'm asking for a hearing for non- compliance along with financial compensation and possible sanctions . will the court need an updated expense declaration and new forensic accounting worked up for this hearing?
Family Law Attorney
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Family Law Attorney
The answer to this question depends on the type of sanction you are seeking and the applicable code section (there are sanctions provisions in both the Family Code and Code of Civil Procedure). Also, the code for discovery sanctions have very specific requirements of what needs to be done before a complaint can even be brought. Best to consult with an attorney before proceeding.
However, both parties have a continuing duty to update the court and the other parties of any changes in income and expenses at least until judgment is filed and possibly beyond. So at the very least you should probably update your I&E if there are any changes.
Child Custody Lawyer
One thing has nothing to do with the other. The short answer is NO, it is not necessary.
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