What happens if my spouse does not turn in the discovery that my lawyer sent her?
She is already past her 30-day limit without submitting it.
Is she now in contempt?
I do not practice law in this state. Therefore, I cannot inform you as to the specific laws of this state and can only provide you with general tips on divorce.
In many states, if the other side is dragging their feet in responding to discovery, they can be held in contempt for violation of court rules.
However, the court typically allows for a short extension, typically from 15 to 30 additional days, to respond as long as trial is not eminent.
Often, a “Golden Rule” letter is sent out, reminding the other side that they have violated the rules regarding responses to discovery and requesting a response within a shorter period of time (about seven to ten days days) prior to filing a motion for contempt.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.
To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Missouri divorce lawyer William Halaz, contact Cordell & Cordell.
2 comments on “What Can I Do if My Spouse is Late to Turn in a Discovery?”
I’m wondering if you have any shark type attorney’s you could recommend to be female client? This is for a custody issue, with parents that never have been married.
Just a dad
If your attorney doesn’t respond immediately to her delay or “dragging her feet”, by filing a rule to show cause, it is probably safe to say that your attorney is a “paper shuffler” and not a Shark. By that, I mean if your attorney does not have your best interest in mind and is only there to shuffle papers, it will show by his actions. Paper Shufflers, will find ways such as sending letters, filing continuences and spending your hard earned money and not accomplishing what is beneficial to you. A Shark on the other hand, is an attorney who is making sure you are getting your voice heard in court, he is on top of the protocol of the system. A Shark is known and respected by YOUR judge and is able to convince the judge that your filings are “in the best interest of the children AND you. Both attorneys are getting paid whether they file a motion or send a “reminder letter”. Why not find an attorney who will fight FOR you, not one who is there just collecting a check?