QUESTION

I am plaintiff and Prose, I sent Discovery documents to Defendant attorney, I did not received response. Its more then 40 days.

Asked on Feb 02nd, 2022 on Child Custody - New Jersey
More details to this question:
I am plaintiff and Prose in my New Jersey child custody case, I have sent Discovery documents to Defendant attorney, I did not received response. Its more than 40 days. Summon says 30 days. What do I do now?
Report Abuse

1 ANSWER

Divorce Attorney serving Short Hills, NJ at Diamond & Diamond, P.A.
Update Your Profile
 Im not sure what "discovery" papers you sent to your ex’s lawyer or why you sent discovery material to the lawyer but if it’s a custody matter, I am going to suggest that you are in over your head, and you are not helping yourself by attempting to represent yourself. I know that you are in over your head because you said that you sent him discovery materials and the summons required a response in 30 days. There is no summons associated with the submission of discovery material, so I am going to presume that you sent the lawyer your discovery responses required by court order for the exchange of discovery material, and he has not provided you with his discovery responses.  Presuming that my understanding of the current status of your matter is correct, then an order is in place setting deadlines for the exchange of discovery requests and the dates that each side is to send their discovery responses. If the other side failed to provide materials responsive to your discovery requests, then you need to send him a letter/email confirming his non-compliance and thereafter you need to file an application with the court for sanctions for your ex's non-compliance and you need to detail what you want the court to require ( turn over responsive answers to your interrogatory requests by XXX). You and your ex also need to have an order in place for the dates for the selection of custody experts and the dates for completion of their expert reports and dates for completion of any other discovery materials needed by either side. The information above is simply the 1st step in the process of addressing a legitimate custody dispute setting. A judge does not calendar your discovery deadlines or compliance - that is your responsibility. If the other side does not comply, then you need to file the application with the court seeking sanctions for noncompliance.   
Answered on Feb 03rd, 2022 at 9:44 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters