Fam. Law Ch 11

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Fam. Law Ch 11
2011-12-11 12:40:41
Family Law

Family Law Chapter Eleven
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  1. Electronic Format?
    Indiana requires parties to submit a hardcopy and electronic copy.
  2. Other side not cooperating?
    Work things out informally first before filing a motion to compel or contempt.
  3. 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.
  4. Interrogatories
    • Written questions answered under oath
    • Answered are signed by the person making them
    • Objections signed by attorney making them
  5. Obejections to Interrogatories
    • Irrelevance
    • Overbroad
    • Duplicative
    • Privilege
  6. Types of Privilege?
    • Spousal
    • Attorney/Client
    • Physician/Patient
    • Priest/Penitent
    • (Confidential Information)
  7. 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
    • Calendar
    • File notice w/ court
  8. Interrogatories timeline?
    30 days to respond unless agreed/order otherwise
  9. 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)
  10. 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
  11. Request for Physical/Mental Examination
    • TR 35 - Certified examiner/suitably licensed
    • If limited, put into an agreement!
    • Reasons:
    • Physical/Mental health may affect the custody or parenting time
    • Spouse is claiming disability
    • To establish paternity
  12. Request for Admissions
    • Established a fact; if not agreed/denied to then deemed admitted with 30 days. (TR 36)
    • Self-executing
  13. Four responses to Request for Admission
    • Admit
    • Deny
    • Object
    • State that the responding party does not have sufficient information or knowledge to admit/deny the request.