Legal Question in Family Law in Maryland
Urgent Question Regarding Discovery
My ex spouse has filed court case against me again (3rd time in 6 years) and I have no attorney. This is to remove some of my visitation time and joint custodial status. I live with my new spouse of 3 years and two small children only 48 miles from the x who has both older kids during the school week and I am court ordered 3 weekends a month and more in summer. I have been a full time stay at home mom for all my children always. My x spouse has legal custody - anyway. I am having a terrible time getting through to the Pro Se dept at courthouse to ask the following: Discovery deadline is set. Court date is 5 weeks from now. Isn't it correct that ALL documentation and "evidence" for court has to be submitted by that day? This should include transcripts from any depositions right?? It is only 8 days until the deadline and I JUST recieved (in the U.S. Mail - doesn't this stuff need to be actually served to me??) a very long list of interrogatories and documentation production as well as a notice there is a deposition scheduled for me only 9 days before trial (and WAY beyond the discovery due date!) Can they do this or is the ex spouse and attorneys trying to take advantage of me thinking I don't know the "rules")
1 Answer from Attorneys
Re: Urgent Question Regarding Discovery
Discovery does have to be completed by the discovery deadline, and you should not have to respond to discovery requests which take you past the deadline. I would suggest that you file a response to the notice of the deposition stating that the deadline is past and that you decline to attend. All evidence which will be introduced at trial must be produced by the deadline if you have asked for it. You referred to a "very long list of interrogatories." Keep in mind that each party can only ask thirty interrogatories. If you have not inquired through interrogatories or served the right document requests, the other party does not have to produce the evidence (some courts have local rules that may require the production or identification of physical evidence whether it has been requested or not). As for your question about service of discovery requests, the answer is no, they do not have to be personally served. Service by regular mail is acceptable for everything after the original service of a complaint.
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