I sent an overnight letter (I have the receipt) to the attorney listing the forms that I included with the letter and also asked for his clients 2012 W-2's, Federal Tax 2012, and bank statements. Would this count as a discovery request? We also had a face to face meeting after a court hearing about these items and he said he would get them to me. Can I now proceed with a Motion to Compel or is there a certain form that has to be used for a discovery? I only need these documents from his client. My discovery cutoff date is July 23, trial August 20, should I put in a motion for a continuance due to the fact that the attorney still has not provided me with the documentation and I cannot properly prepare for trial without it? Thank you . . I wish I could afford an attorney
Family Law Attorney
Your letter request for documents and information does not constitute formal discovery under the Civil Rules. You cannot file a motion to compel until you have followed the rules. To do formal discovery you would normally send written Interrogatories and Requests for Production of Documents to the opposing attorney. There are no state mandated forms. Each attorney creates their own discovery forms. You may not have sufficient grounds for a continuance, since you did not follow the rules. It’s always best to consult with a good family law attorney to discuss the details before you act. See my AVVO Legal Guides on discovery for more information about the legal issues raised by your inquiry. Please keep in mind that although these Legal Guides are often informative, they are no substitute for legal advice from an attorney you have retained for consultation or representation. There are always exceptions to the general rules. Click on my photo. On my AVVO home page click on "Contributor Level - View Contributions" or scroll down further and click on "Contribution - Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful” or “best answer”.
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