QUESTION
Can a attorney ask for discovery before the case is reinstated?
Asked on Oct 16th, 2013 on Child Custody - Virginia
More details to this question:
Child custody case in Loudoun. wifes attorney is seeking modification on existing terms. Her attoerny requeste for discovery before the judge even reinstated the case. Is this legal?
1 ANSWER
1 Award
It depends. If the case is filed in Juvenile and Domestic Relations Court, the attorney must make a request to the court to issue discovery. If the case is filed in Circuit Court, then the attorney can issue discovery immediately. A filing in either court does not require the court to enter an order "reinstating" the case.
Answered on Oct 18th, 2013 at 3:33 PM