how many hours would a defense lawyer spend on discovery for child support cases

by Elenora Lynch PhD 3 min read

When this discovery level applies: • Discovery begins when suit is filed and ends 30 days before trial; 2 • Interrogatories are limited to 25; and 3 • Depositions are limited to 50 hours for each side.

Full Answer

What is discovery in a child custody case?

A child custody case is a civil, versus criminal, proceeding. As such, your state’s rules of civil procedure will set out the methods of discovery you can use to gather evidence in your child custody case. Some states and courts will require the exchange of basic information automatically upon the filing of a petition.

How much time was spent by plaintiff’s Counsel in the case?

Scott Smith Oldsmobile, Inc., 410 So. 2d 534 (Fla. 5th DCA 1982), the court concluded plaintiff’s counsel’s 90.5 hours did not appear excessive in comparison to 60.25 spent by defendant’s counsel. 59 In State, Department of Transportation v.

What does a child support lawyer do?

What Does a Child Support Lawyer Do? A family law attorney will help you with your case by assisting you in various matters such as: Explaining the legal issues and what you should expect at every stage Evaluating your case and giving you proper legal advice on how you should proceed

How do I use discovery to gather evidence in my case?

Using the required information on child custody petitions is the easiest way to use discovery to gather evidence in your child custody case. Knowing the address of a parent can help you get a background check or file a motion for disclosure. Scroll down for more legal tips on how to use discovery to gather evidence in your child custody case.

How long does a discovery take?

Once a lawsuit is commenced, the first significant step is an examination for discovery. The discovery is typically followed by a mediation (or settlement meeting). Typically, it should not take more than 8 months, or so, to book discovery dates.

What is reasonable response time for a lawyer?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.

Why is discovery taking so long?

Those reasons include everything from a court's crowded docket, the limited number of available judges, and recent budgetary constraints, to pre-trial challenges regarding the sufficiency of the complaint or the validity of the cause of action, legal maneuvering with things such as summary judgment motions, and ...

What is the discovery phase of a lawsuit?

To begin preparing for trial, both sides engage in discovery . This is the formal process of exchanging information between the parties about the witnesses and evidence they ll present at trial. Discovery enables the parties to know before the trial begins what evidence may be presented.

What should you not say to a lawyer?

Five things not to say to a lawyer (if you want them to take you..."The Judge is biased against me" Is it possible that the Judge is "biased" against you? ... "Everyone is out to get me" ... "It's the principle that counts" ... "I don't have the money to pay you" ... Waiting until after the fact.

How often should you hear from your lawyer?

There is no set formula for how often you will hear from your attorney. However, the key to a successful attorney client relationship is communication. Whenever there is an important occurrence in your case you will be contacted or notified.

What do lawyers do during discovery?

During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories. Your lawyer may also respond to requests from the defense counsel when the requests are unreasonable.

Why do lawyers take so long to settle a case?

The reasons a case can progress slowly can be summed up into three general points: Your case is slowed down by legal or factual problems. Your case involves a lot of damages and substantial compensation. You have not reached maximum medical improvement from your injuries (this will be explained below)

Which of the following Cannot be obtained during discovery in a case?

E-mail cannot be obtained during discovery. A deposition can be used at trial. A summons is served on a defendant and a subpoena is served on a witness.

What are the two key elements of discovery?

The Discovery phase consists of two key elements:Planning for collection to ensure that information is collected, managed, and shared in a systematic and deliberate manner.Collecting data using a variety of methods.

What is the first step in the discovery process?

The 4 Steps Involved In Discovery For A Personal Injury CaseInterrogatories. To put it simply, interrogatories are written questions one party will send the opposing party. ... Request For Production. ... Request For Admission. ... Deposition.

What are the three types of discovery?

That disclosure is accomplished through a methodical process called "discovery." Discovery takes three basic forms: written discovery, document production and depositions.

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