I have been taken back to child support court by my ex. I have filed a counter motion along with 4 other motions and one for a continuance requesting that my ex have to provide the court with absolute proof of his income(self-employed truck driver). The judge denied my request for a continuance and all he said was that I needed to provide him with discovery at the hearing next week. Does anyone know what this means and what is it that I should be doing? Is there a certain form I need to fill out, or what? I really need help with this and have no money to get an attorney or even ask questions of one. What is discovery? If anyone knows, I will be very grateful. Thanks for your help in this.
2006-07-08 21:00:00 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
When the court clerk called to tell me that it was denied, she said that the judge stated,"It is denied because of discovery." Am I on the right track in thinking I have to file a motion of discovery? I assumed that this is what he meant and so did the clerk.
2006-07-08 21:09:10 · update #1
When a party in a case files a motion of discovery, it means that the other party has to turn over all of the evidence that they will be using during the hearing.
Since the judge is ordering you to turn over your discovery, that means that your ex has filed the motion and you must turn over all of your evidence to the court.
2006-07-08 21:06:11 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Discovery in the law means the exchange of information between litigants.
In a child support case, there are usually forms required by the court to be submitted. The titles of these forms vary from state to state, (and even court to court). However, the purpose of these forms is to reveal the income of the parties involved.
You stated that your ex-husband is a self-employed truck driver. If he has taken you back to court, I am assuming he is claiming that the child support should be lowered. This could be because his income has decreased, or yours has increased.
When you were served with papers to commence the case, those papers may have contained written requests for information. You should read them carefully to determine what the information is and comply with the request.
Quite frankly, you're in way over your head. You stated that you have no money for an attorney. You can't afford NOT to have an attorney. Trying to represent yourself at this point is going to just result in a very unpleasant result for you. I would suggest contacting your local Legal Aid society, and/or your local Bar association. They may be able to help you get information on free or low cost legal assistance. In addition, if there is a law school nearby, you should determine if they have a law clinic. Many of them do, where law students (under the supervision of licensed attorneys) help people without the funds to hire lawyers.
2006-07-09 08:31:51 · answer #2 · answered by Phil R 5 · 0⤊ 0⤋
Discovery - He wants you to provide him with some kind of proof showing him why you think your husband is withholding proof of his income. (IE: He makes $6/hour and drives a Corvette) What kind of proof do you have that your husband has not disclosed his income?? What the judge may be asking for is for you to FILE a Motion for Discovery, which I beleive will force your ex to provide his financial information to the court. I believe if you file a Motion for Discovery, then the judge can sepona his financial records (bank statements, check stubs, etc.)
2006-07-08 21:08:57 · answer #3 · answered by cutedragonwizardess 2 · 0⤊ 0⤋
Discovery is all the evidence you put together to prove your case. It usually refers to things like depositions given by the parties involved, investigations completed by private detectives. I wasn't clear enough on the details of your case to understand what, specifically, you need to gather, but just think of all the evidence you need to DISCOVER in order to back up your claims and make a copy of everything to take to court.
2006-07-08 21:12:57 · answer #4 · answered by Anonymous · 0⤊ 0⤋
A pretrial convention is held for 2 regularly happening applications. First, it truly is available as an chance to communicate the case to ascertain if an contract should be reached which will circumvent an ordeal. no matter if it isn't plausible to achieve an contract, then the pretrial convention is used to plot the drawing close trial (scheduling, envisioned kind of days, and so on.).
2016-11-30 22:07:59 · answer #5 · answered by baltrip 4 · 0⤊ 0⤋
Discovery is proof in which you discovered he is making more money. The judge is wanting you to bring any evidence you have on your ex.
2006-07-08 21:06:31 · answer #6 · answered by lizzardkingone 3 · 0⤊ 0⤋
I'm not a law student or attorney so I can't help you too much, but I did find a web page that tells what a discovery is.
http://en.wikipedia.org/wiki/Discovery_(law)
2006-07-08 21:18:22 · answer #7 · answered by Anonymous · 0⤊ 1⤋
go to a website called, :ThyLawyer.
Next: type in Discovery in that small field next to the tab that says "search web", I think you will find many answers there...
GOOD LUCK!!
2006-07-08 21:20:36 · answer #8 · answered by Anonymous · 0⤊ 0⤋