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When does discovery process end?
Anonymous4 views4 answers
The final stipulation has not been signed by the judge. I am Pro Per and respondents attorney states discovery period is OVER. Is she right? QDRO has not yet started accounts to be divided. I am requesting joint tax documents. She claims he doesn't owe me them and I am too late.
CCP 2024 provides the cut off date - one month prior to the date set for trial. However, see FC 218 about when it opens again. Why do you need tax returns to divide retirement accounts? Unless you think he may have taken a withdrawal? I do not know. Anyway, here is FC 218. File your RFO and tell counsel to put that in her pipe and smoke it.
218. With respect to the ability to conduct formal discovery in
family law proceedings, when a request for order or other motion is
filed and served after entry of judgment, discovery shall
automatically reopen as to the issues raised in the postjudgment
pleadings currently before the court. The date initially set for
trial of the action specified in subdivision (a) of Section 2024.020
of the Code of Civil Procedure shall mean the date the postjudgment
proceeding is set for hearing on the motion or any continuance
thereof, or evidentiary trial, whichever is later.
Michael DarlingtonFamily Law AttorneyRedding, CA ·
I agree with the first answer, why do you need tax documents if the only issues is preparation of the QDROs since they are formulistic documents; unless there is some unusual aspect to the division of the pensions. I would guess that is the reason the other side is asserting discovery is closed and there is no need to produce the documents.
She is probably right - depending on the date that the original trial was set to be heard...And why do you need her to provide you with 'joint' tax documents; if joint, then you have them or have access to them. As others have posted, there is no need for tax documents to divide retirements benefits by QDRO.