Fam. Law Ch 11
Card Set Information
Fam. Law Ch 11
Family Law Chapter Eleven
Indiana requires parties to submit a hardcopy and electronic copy.
Other side not cooperating?
Work things out informally first before filing a motion to compel or contempt.
Purpose of discovery for family law?
Acquires essential information that leads to an equitable distribution of marital property.
Determine child support or alimony
Informed decisions about custody and parenting time.
Written questions answered under oath
Answered are signed by the person making them
Objections signed by attorney making them
Obejections to Interrogatories
Types of Privilege?
Paralegals Interrogatories Prep?
Review file and make a list of topics to be addressed
review w/ client and attorney
Revise and send to other side
File notice w/ court
30 days to respond unless agreed/order otherwise
Request for Production
Requesting documents that are relevant to the dissolution action.
Responding party must provide documents unless vaild objection.
Might be necessary to draft a second motion to protect confidential information (protective order or confidentiality agreement)
Paralegal Role & Tips for Production
Create a list for documents produced and for which ones need to be withheld
Send copy to client
Drafting written response
Request for Physical/Mental Examination
TR 35 - Certified examiner/suitably licensed
If limited, put into an agreement!
Physical/Mental health may affect the custody or parenting time
Spouse is claiming disability
To establish paternity
Request for Admissions
Established a fact; if not agreed/denied to then deemed admitted with 30 days. (TR 36)
Four responses to Request for Admission
State that the responding party does not have sufficient information or knowledge to admit/deny the request.