![]() Our Boston family attorneys have litigated and informally resolved many discovery disputes. To visit our complete divorce discovery guide, click here This requirement is waived if a no-contact order is in effect.įinally, a discovery motion must be accompanied by a certificate (by the filing party’s attorney) that efforts to resolve the discovery dispute between the plaintiff and defendant in the divorce case resulted in a failure to resolve the issue, thereby necessitating court intervention. This meeting between the attorneys must take place in person or by telephone in an effort to resolve the dispute. The party who is alleged to be non-compliant may submit a response including a written statement detailing why his or her response was sufficient or why the response was made.īefore a motion to compel further responses will be heard by the court, a mandatory pre-motion conference will take place. Another document cannot be referenced in this Separate Statement. Essentially, this document is a summary of the demand or question, the response, and the reasons a further response is required. The motion must be accompanied by a separate document (which is usually referred to as a “Separate Statement of Issues”) which sets forth each separate interrogatory, item or category of items, request, question, document or tangible thing to which a further response, answer or production is requested. Answer questions posed at a deposition and.26(f), which allows a motion to request the trial court to compel the other party to do any of the following things: This posting is not intended to constitute an advertisement nor a solicitation.Format Of Discovery Motions In Divorce Cases – Massachusetts REQUIREMENTS AND FORMAT FOR DISCOVERY MOTIONS IN DIVORCE MATTERSĭiscovery motions are highly technical and must be done correctly or the motion will be denied. For specific advice about your particular situation, please consult with your own attorney. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. This posting does not create any attorney-client relationship. Chen has been licensed to practice law in California since 1988. ![]() Your opposition should focus on how the separate statement fails to comply with Rule 3.1345, as well as how your answers were either complete or fully responsive, or if you objected, why your legal objections were meritorious.įrank W. (See California Rules of Court, Rule 3.1345(c). As such, the moving party must include reasons why further answers should be ordered: legal or factual arguments why the answers given were incomplete or nonresponsive, or the objections invalid. The primary reason the separate statement is required is because the interrogatories and answers are not on file with the court, and there is no provision under California law for “lodging” these documents with the court. Litigants should use the separate statement as the platform for articulating the specific reasons why further responses are warranted. This separate statement must be concurrently filed with the notice of motion and motion compelling further responses. Your opposition to motion to compel further responses should first focus on the moving party's failure to adequately and meaningfully meet and confer, as required under the Code of Civil Procedure.Ī critical but often neglected (or haphazardly prepared) document which is necessary when making a motion to compel further responses to written discovery is the "separate statement” which is required under Rule 3.1345 of the California Rules of Court. ![]()
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