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If the judge has not set a date for Discovery, does that mean it is not required?

Acton, MA |

As far I understand, mandatory discovery is not required for Modifications and Contempt, however, the judge has not addressed a date on the notice for a Pretrial Conference. Does this mean we are not legally required to do this? In the past, a Discovery date has always been set. Why not now?

Attorney Answers 2


It was likely an oversight by the Judge. With the exception of Supplemental Rule 410 in a divorce, discovery is never mandatory, but usually advisable. The lack of a deadline date simply means there is no deadline. Even when a Judge places a discovery deadline date, it is typcially extended past the Pre-Trial Conference as many times it is only at the Pre-Trial Conference that you are able to get a clearer picture of the case.

This response is for informational purposes only and not intended to be legal advice; nor is this answer intended to create an attorney/client relationship. Legal advice and an attorney/client relationship can only be rendered after a full in person consultation has been conducted with an attorney wherein all necessary facts and circumstances are disclosed. To the extent additional or different facts exist, the within response may be different.

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Attorney Armstrong is correct: while discovery past rule 410 disclosure (3 years of bank account statements, retirement account statements, tax returns, 4 most recent paystubs, etc.) is not required, it is strongly advised that you ensure you have a complete financial picture of the opposing party. If the Judge has not yet set a discovery deadline, he or she will probably do so in the Order after Pre-Trial Conference.

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