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If case is off call, is my ex wife still required to send me her disclosure information?

Oak Lawn, IL |

My ex wife's attorney sent me a 13.3.1 disclosure statement in which I have up all my info willingly - I have nothing to hide. I then sent her the same request on Jan 7th in which court was on Jan 10th. When we went to court, our case was taken off call. I still have not received her disclosure information, is she still required to send me this even though our case is off call? Can I send another letter requesting? Can I submit a motion to compel due to no response?

Attorney Answers 3

  1. Is the case really off call, or was it just stricken from the call for that day? If the case is off call, there is nothing pending and there is no need for production of discovery. If the case was stricken for the day, it just was not heard on January 10. If you are in court you should hire an attorney to help you.

  2. If your case is truly "off call" then there are no pleadings for the court to address. If this is the case, no further disclosure is required from either party (why would you need it?). Is the issue resolved? If not, one of you needs to file another motion to get the case back "on call." Also, make sure you are not confused with you case being "continued." Do you have a court order which states "Case off call" and no subsequent court date set? If so, no further disclosure is required. If you aren't sure, take all your documents and the last court order to an attorney. Good luck.

    This response shall not be construed as specific legal advice and does not create an attorney-client relationship or privilege. Further, this response is not intended to solicit legal fees.

  3. I assume your wife is the Petitioner & you the Respondent.

    Given that this is the case, the law is that your wife had to FIRST serve you HER completed "Disclosure Statement" not later than thirty (30) days after you received service [presuming you did]--it looks like they flipped the rule, perhaps for strategy.

    Your Disc St is only due 30 days after her completed D.S. is sent to you.

    You might be looking at recovery of sanctions here--you vs. her, or her vs. you...based on how its presented to the court. Also, this may explain the "off call" mystery.

    Call me anytime & I'll give you full answer in 3 minutes. The status of your case can be determined in a snap.

    The author provides the preceding information as a service to the public. Author's response, as stated above, should not be considered legal advice. An initial attorney-client conference, based upon review of all relevant facts/documents, will be necessary to provide legal advice upon which the client should then rely.