Question

Parental Alienation, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Question

Unread postby hopeful dad » Tue Apr 18, 2017 4:43 pm

It is an offshoot of the following topic. Just had a question that I need to get an opinion so I thought I open a different thread.

viewtopic.php?f=7&t=78855

What happens to discovery when you let go off your attorney (with an intent to hire a new one) after you are served with?

Are you still obligated to turn it over before the deadline?

Appreciate your inputs
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Re: Question

Unread postby Trevor » Tue Apr 18, 2017 5:33 pm

You mean exchange it by the deadline?
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Re: Question

Unread postby hopeful dad » Tue Apr 18, 2017 5:39 pm

I am served with interrogs with a deadline. But I have to let my atty go and hire a new one.
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Re: Question

Unread postby hopeful dad » Tue Apr 18, 2017 5:44 pm

I haven't served her one so there will be no exchane involved until I serve one with a new atty.
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Re: Question

Unread postby RockyCali » Tue Apr 18, 2017 5:46 pm

You were the one served. Not your attorney. I would be surprised if you received any reprieve from discovery requests because of who was -- or wasn't -- representing you.
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Re: Question

Unread postby hopeful dad » Tue Apr 18, 2017 5:57 pm

As discussed in the parent thread in detail, I am served with motion for custody modification which was mid of last week. I do not think that my current attorney is serving my interest. So, I was thinking of letting her go and file motion for continuance of custody modification hearing quoting I need more time to hire counsel as a reason.

Meanwhile I am also served with interogs following day with a deadline to respond. How can I respond to interogs without attorney? Will I be penalized if I do not?
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Re: Question

Unread postby hopeful dad » Tue Apr 18, 2017 6:53 pm

After letting go off my attorney, can I let OC know that I would be responding to interogs after I hire a new counsel?
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Re: Question

Unread postby Trevor » Tue Apr 18, 2017 6:59 pm

Personally, I doubt a judge would punish you for holding off on submitting interrogs until you had counsel. I wouldn't say anything; just change attys and advise your new guy that you have the docs prepared and expect him to align due dates with OC so that there will be an exchange (same day, same time).
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Re: Question

Unread postby hopeful dad » Tue Apr 18, 2017 7:38 pm

Thank you.

I am not keen on serving interrogs. I am thinking of taking her deposition. May be interrogs too depending on what new guy say.

Hope I don't have to seek opinion from any atty. I am sure they are going to say something to sway me.

I think you are right i will just keep quiet and do what I need to.
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Re: Question

Unread postby lionel2013 » Wed Apr 19, 2017 10:26 am

hopeful dad wrote:Thank you.

I am not keen on serving interrogs. I am thinking of taking her deposition. May be interrogs too depending on what new guy say.

Hope I don't have to seek opinion from any atty. I am sure they are going to say something to sway me.

I think you are right i will just keep quiet and do what I need to.


You need to go to court when the hearing is schedule and ask for a continuance, justified by the fact that you are changing counsel. Any judge should understand that.
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