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I generaly avoid it but in such situations where they are seeking attorney fees for a motion to compel and you had an extension OR you made reasonable efforts to resolve an issue and OC refused to respond, etc. its fair game. Also, if your emails show OC is misrepresenting the situation to the Court, the court needs to be made aware. In past 7-8 years i have done it maybe 1-2 times and had it done to me 1-2 times in cases where OC was attempting to mischaracterize the issues and my responses.
I use it to set the record straight if I feel they've misrepresented something. But be sure you aren't running afoul of the rules of evidence by offering something perceived as a settlement discussion.
It’s on a potential motion to compel discovery. Total pot/kettle thing. Not that I think the relevant affirmative duty of disclosure is triggered, but opposing is on a fishing expedition for my client’s financial info (post-decree dissolution, with minor children). In fact, writing this comment out gave me the idea to double check the rule. I’m pretty sure the plain language says what they’re after doesn’t fall under the affirmative duty post-decree unless otherwise ordered by the court.
I’m here like: listen, you can’t allege that a duty to disclose applies and complain that my client isn’t producing documents when your client hasn’t produced a single document either.
Nope, I do it all the time.
Yes as a general rule but sometimes you have to - fee purposes, discovery disputes, etc. I try not to make a habit of it, but sounds like you may be right to do so here.
As an aside, why is your client’s financial information not discoverable? Is it a modification of support, or is there a request for fees? If so, then it might be discoverable. Affirmative duty is another question though of course
Yes. Discovery of financials is permissible post judgment. However, there is no affirmative duty to disclose. That is, if you are practicing in CA.