Fam. Law Ch 11
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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?
- (Confidential Information)
Paralegals Interrogatories Prep?
- Review file and make a list of topics to be addressed
- draft discovery
- 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.
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