Legal Question in Family Law in Massachusetts
Interrogatories & req. for documents sought after discovery deadline?
My wife filed for divorce in Middlesex County, Mass. on 9/14/2007.
Since then, my attorney has sent out discovery (interrogatories & req. for production of docs) which she has partially complied with.
I have complied with all the mandatory disclosure requirements, pursuant to supplemental rule 410.
We had a case management conference in November 2007 and stipulated that there would a pre-trial conference on March 25, 2008. As part of that, the court also ordered that the discovery shall be completed by March 11, 2008.
In mid-March, both attorneys (mine and hers) agreed to move the pre-trial conference out to April 29, 2008.
We actually had a pre-trial conference on April 29, 2008.
Now, my wife has hired a new one. We received a first set of interrogatories and request for docs from her lawyer today. So far, this is the first of ANY discovery that they have attempted.
My questions are:
1. Is it a valid legal argument to say that the discovery deadline has passed?
2. Her (continued) deposition is still pending, which she has agreed to via stipulation. If we argue that the discovery deadline has passed, is our attempt to conduct deposition frowned upon? (i.e. do we need to stop our discovery also?)
2 Answers from Attorneys
Re: Interrogatories & req. for documents sought after discovery deadline?
Your attorney should be addressing these questions.
It would not be at all unreasonable for your attorney to respond to the discovery, both as a general response and to each question/request, "Objection: Promulgated after the end of discovery."
However, this guarantees that you will be before a judge on a motion to compel -- not from their end, but YOUR end. You will have to get an order to compel your wife to attend the stipulated deposition, most likely, because her attorney will have to maneuver to get even minimal discovery. At YOUR motion to compel, a judge might wonder why your lawyer is being difficult when YOU still need discovery.
Sometimes we "go along to get along," and to avoid a court appearance that will take as long and cost as much. This is what I call the "business decision." It may be less expensive to provide a BASIC response and get your deposition than it is to be "technically correct" and "legally and morally justified."
Whether you and your attorney should take this route is for your attorney to decide. It sounds like you should trust his or her judgment. Nothing looks worse to a court than TWO attorney changes this late in the game.
Your wife doesn't like the job her attorney has done, and she may have some cause -- but she may also have been a difficult client.
Re: Interrogatories & req. for documents sought after discovery deadline?
First, I think your attorney should be able to adequately answer your questions.
Second, the time for discovery has passed, the completion of a deposition by stipulation of the parties does not change that fact.
Third, the court can change the completion date for discovery if it so wishes upon the Motion of your wife's new counsel.
Fourth, if you have confidence in your attorney stay with him or her. If you do not have confidence, then find a new one. However, it would appear your counsel knows what they are doing.
Good Luck.
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