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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

Posted

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.

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5 comments

Luke D. Kazmar

Luke D. Kazmar

Posted

The irony is that you end all of your responses with "hire an attorney." Please don't posture about costs, when you don't walk the walk.

Judy A. Goldstein

Judy A. Goldstein

Posted

I most certainly walk the walk - every day for nearly 27 years. You are out of line with your comment, counselor.

Luke D. Kazmar

Luke D. Kazmar

Posted

Is there a reason why you address me like you are my mother? Go about your business and keep your lame zingers to yourself.

Judy A. Goldstein

Judy A. Goldstein

Posted

"Please don't posture about costs, when you don't walk the walk." The lame zinger claimer states this and other comments throughout this website: How can one have confidence in an attorney who exbhbius such immaiturity?

Paula Brown Sinclair

Paula Brown Sinclair

Posted

Mr. Kazmar, this is the second post I have come across this morning in which you inappropriately disparage a colleague Avvo attorney of considerable experience. Please review the Avvo Community Guidelines and notice that the TOS incorporates them. I have flagged your comments as TOS violations.

Posted

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.

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5 comments

Asker

Posted

Yes it states off call. But I would think because the request was made prior to the court date that she should still have to produce the documents?? She is hiding money and that is why she pushed to close the case. The only way to find out her information is through the request. Now what do I do? I can not get any of that?

Brian Michael Radke

Brian Michael Radke

Posted

Is there any other court date set in the order? If you wanted the info, why did you agree to take the case "off call." If it was done without your knowledge or agreement, file a Motion to Vacate the Order entered on January 10th. You only have 30 days to do it. Go see a lawyer ASAP if you need help.

Asker

Posted

Yes I agreed to the order, but I still wanted to see her information. So this is done then and I can not continue to ask for it?

Brian Michael Radke

Brian Michael Radke

Posted

It is done until one of you files another motion or gets the case back on call. You can continue to request the info but I'm sure you'll be ignored and the court will not order it if no motions or pleadings are pending.

Asker

Posted

Can i file a motion to compel due to her no response from my request? I thought no matter anytime you receive a request for documents, you HAVE TO follow this process. If you fail, then you can file a motion to compel for failure to provide the information???

Posted

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.

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4 comments

Judy A. Goldstein

Judy A. Goldstein

Posted

Counsel - If the case is off call, what judge do you think will order sanctions, and at what cost to bring this motion to hearing? This is especially true in the overburdened courts of Cook County. We should not encourage needless litigation.

Asker

Posted

Mr. Kazmar - Is it worth the hassle of trying to recover sanctions here? Due to her attorney no longer representing her, i was going to send her another letter telling that she needs to send me these documents. She is not really that smart, so hopefully she will just send them.

Luke D. Kazmar

Luke D. Kazmar

Posted

Dear Asker-- I would need additional information to answer this question appropriately.

Luke D. Kazmar

Luke D. Kazmar

Posted

Further, you need to send a letter and then motion for sanctions if she does not comply with providing you the disclosure statement. But as it stands, cannot even conclude if your case if completely off call or if it was just stricken from the call on a particular date. This is information can be quickly determined but an attorney would need your personal information to check court records.