For instance, in some types of actions, parties may be limited to asking only 40 questions, regardless of whether they are form interrogatories, special interrogatories, requests for admission or requests for production of documents.
Full Answer
What are the divorce laws in the state of Massachusetts?
Sep 24, 2013 · (2016) Rule 34 was amended in 2016 to recognize the common practice of producing copies of documents rather than permitting inspection of the originals (Rule 34(b)(2)(C)(ii)).This amendment reflects a similar amendment to the Federal Rules of Civil Procedure effective in 2015. The 2016 amendment further states that upon request, the …
How do I get a 1B divorce in Massachusetts?
Mar 09, 2020 · How many times can the other parties lawyer request Production of Documents against the other party ?
What are the rules of discovery in a Massachusetts divorce case?
Divorce is the legal process you follow to end your marriage. If you have decided to end your marriage, you may choose to file for divorce. You can file for divorce in Massachusetts if you have lived in the state for one year, or if the reason the marriage ended happened in Massachusetts and you have lived in Massachusetts as a couple.
How are assets divided in a Massachusetts divorce?
Black's Law dictionary. A request for production "is focused on the discovery of tangible (rather than testimonial) evidence and provides for the discovery of all types of tangible evidence, such as documents, photographs, electronic data, or other objects relevant to the litigation." — Massachusetts Practice v.49 (Discovery), s. 6:1.
How many interrogatories are allowed in Massachusetts?
thirty interrogatoriesNo party shall serve upon any other party as of right more than thirty interrogatories, including interrogatories subsidiary or incidental to, or dependent upon, other interrogatories, and however the same may be grouped or combined; but the interrogatories may be served in two or more sets, as long as the total number ...Aug 1, 2009
How do you respond to a request for production of documents?
Step 1: Complete Your Written Responses. There is no Judicial Council form specifically for this procedure. ... Step 2: Make Copies. ... Step 3: Have Your Response Served. ... Step 4: Retain Your Response and Proof of Service. ... Step 5: Produce the Requested Documents and Things.
How do you avoid discovery in a divorce?
Cost-Effective Divorce: Avoiding Discovery Non-ComplianceGather Important Financial Documents and Statements.Provide ALL Documents Requested.Be Prompt Responding to Discovery Requests.Have Every Statement for Retirement Accounts.Nov 11, 2021
How do I respond to a discovery request?
Step 1: Carefully Review All the Requests. Review each request to ensure you fully understand the question, and can answer it completely. ... Step 2: Complete Your Responses to the Interrogatories. ... Step 3: Make Photocopies. ... Step 4: Have Your Responses Served. ... Step 5: Retain Your Documents.
What does request for production of documents mean?
What Is a Request for Production of Documents? A request for production is a discovery device used to gain access to documents, electronic data, and physical items held by an opposing party in a legal matter. The aim is to gain insight into any relevant evidence that the opposing party holds.
What happens if defendant does not respond to discovery?
Failure to discover may result in judgement being given against the defaulting party in the main action. Documents, which may harm a litigant's case, must be ascertained as soon as possible to limit any damage that may be caused. Discovery to a large extent reduces the 'surprise' element.
Can divorce lawyers find bank accounts?
Finding secret bank accounts is possible, but it is not something that a divorce attorney will be able to do. You will need to enlist the help of a forensic accountant or a private investigator in order to find this information.
What is the first step in the discovery process?
The first phase of the discovery process is the written discovery phase. During this phase, your attorney may send and receive requests to produce documents, requests for admissions of facts, and written interrogatories.Oct 27, 2020
Can I refuse financial disclosure?
If you refuse to provide financial disclosure as part of the financial court process the court can make orders against you requiring financial disclosure. You will be in contempt of court if you breach the order.Mar 25, 2021
What is the difference between interrogatories and requests for production of documents also known as requests to produce )?
Interrogatories, which are written questions about things that are relevant or important to the case. (NRCP 33; JCRCP 33) Requests for production of documents or things, which are written requests that demand the other side provide particular documents or items.
What is demand or request for discovery?
Discovery is the process of obtaining the evidence that the state plans to use against a defendant. It's just a fancy word for evidence. Whenever an attorney says, “I'm going to request discovery,” that means they're going to get the evidence that the state claims they have.
What happens after discovery in a lawsuit?
After discovery has concluded, if the case does not settle and is not resolved by a motion for summary disposition or judgment, the case will go to trial. Trial requires extensive preparation on the part of attorneys. In a jury trial, the jury is the fact-finder; in a bench trial, the judge decides the facts.
What is a request for production?
Requests (also referred to as Demands) for production is exactly what it sounds like. It means that specific documents must be provided (produced) to the demanding party. Requests for production can also be used to test, measure, photograph, etc., physical evidence in the other party’s possession or control.
How many questions can a party ask in a discovery?
There are often laws that limit the number of discovery requests a party can make. For instance, in some types of actions, parties may be limited to asking only 40 questions, regardless of whether they are form interrogatories, special interrogatories, requests for admission or requests for production of documents.
What is the marriage.com course?
If you feel disconnected or frustrated about the state of your marriage but want to avoid separation and/or divorce, the marriage.com course meant for married couples is an excellent resource to help you overcome the most challenging aspects of being married.
Can a responding party produce originals?
The responding party may produce the originals at the reasonable time and date specified in lieu of mailing photocopies, especially if photocopying the documents would create a burden.
What happens if a spouse spends money on a lover?
In some cases, if a spouse committed acts that had a negative impact on the marriage, such as adultery where the spouse spent large sums of money on a lover, then the courts may also award the other spouse a larger share of the marital assets.
How much income do you need to get alimony in Massachusetts?
If child support is being paid, then both spouses must have a combined income of at least $250,000 before alimony can be granted.
What is separate property?
Marital assets are those accumulated during a marriage up until the date of separation. Separate property is any anything owned by a spouse prior to the marriage and is not divisible in a divorce as long as it has not been commingled.
What are the factors that a Massachusetts court consider when making an equitable distribution?
Some of these include: The source of the property. The contribution of each spouse toward the acquisition of assets. The length of the marriage. The needs of the parties and of any children.
How long is alimony?
General alimony. The duration of general alimony can be open-ended and is most often awarded in marriages of 20 years or more in duration, especially when one spouse has stayed home to contribute to the marriage by raising children or in other similar instances.
What happens when a spouse receives a home and it has a mortgage that secures the home?
For example, if a person receives a home and it has a mortgage that secures the home, then that obligation becomes the debt of the person who lives in the home. The same will apply with automobiles.
How long do you have to be a resident of Massachusetts to divorce?
If the grounds for the divorce took place outside of the state, then at least one spouse must be a resident of the state for a minimum of at least one year.
Notices & Alerts
If you have decided to end your marriage, you may choose to file for divorce. You can file for divorce in Massachusetts if you have lived in the state for one year, or if the reason the marriage ended happened in Massachusetts and you have lived in Massachusetts as a couple.
What would you like to do?
Get a copy of your divorce record (divorce decree) Which type of divorce should I file?
What is a written request for admission?
. . provide parties with a method by which admissions of facts may be obtained and used in support of, or in opposition to, summary judgment motions or at trial." — Massachusetts Practice v.49A (Discovery), s. 10:1.
Why do people take depositions?
While depositions have a number of uses, parties take depositions primarily in the hope of uncovering information that supports their legal claims and undermines the other side's legal claims. ". — Nolo's Deposition Handbook, p. 2.
What is the scope of discovery?
The scope of discovery. "Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, ...
What is Massachusetts law about discovery?
Massachusetts law about discovery. A compilation of laws, regulations, cases, and web sources on discovery law. Skip table of contents.
Is a party responsible for the loss, destruction, or alteration of evidence?
A party is not responsible for the loss, destruction, or alteration of evidence unless the party knew or should have reasonably known, at the time the items were lost, destroyed or altered, that the items might be evidence in a possible court action. In the Matter of a Subpoena Duces Tecum, 445 Mass. 685 (2006)
What is a request for documents?
A request for documents is a legal way the plaintiff can get information from you about the case. If you get a paper from the Plaintiff that asks you to send documents, you must send these documents. It will say “ Request for Documents ” at the top. This is part of the discovery process.
What to do if you can't make a copy of a document?
If you cannot make a copy write in the interrogatory that the plaintiff can set up a time to view it. They may ask for copies of audio, video or photographs. Make copies if you can. If you cannot, let them know they can set up a time to listen or view them. Do the best you can to find and get copies of any documents you have to the Plaintiff.
How to object to handing over documents?
There are lots of different reasons you can object to handing over documents. Talk to a lawyer. Give a signed copy to the Plaintiff before the deadline in the letter; and. Keep a copy of everything yourself.
How long does it take to respond to a default judgment?
A default judgment means the creditor will win the case just because you did not follow the rules. If the Request comes with a Summons and Complaint, you have 45 days to respond. You can object to a request for production of documents. One common objection is that the request is to “burdensome”.
Can you redact information before sending it to a plaintiff?
If you think you need to object, talk to a lawyer. You can also redact or black out some information before you send the plaintiff a copy. Children's names, personal information, social security numbers and bank account numbers may all be redacted. Keep a chart of which documents you redacted information from, what was redacted, and why.
How to file for a 1B divorce?
You can file for a 1B divorce in person or by mail. If you or your spouse lives in the county where you lived together, file the required forms and fees with the Probate and Family Court in that county. Otherwise, file in the county where you or your spouse live now. Find your Probate and Family Court.
What is an affidavit of indigency?
An Affidavit of indigency if you can't afford the fees. See Indigency for more information. Motion for temporary orders (CJD 400) (i.e. child custody, child support, spousal support, etc.) if you need a court order until your divorce hearing. Fill in what you want the court to order.
What is a pre trial hearing?
There may be a pre-trial hearing if you and your spouse have issues you can’t agree on. To prepare for a pre-trial hearing, the parties or their lawyers will submit a pre-trial memorandum. This happens after discovery, which is the process of finding out information from the other party by submitting questions (called interrogatories) to the other party or by requesting certain documents. You must also decide if you're going to call any witnesses for the trial.
How long does it take to get divorced?
The divorce is finalized 90 days after the judgment date. A hearing can't be scheduled any sooner than 6 months from the filing date unless the court has granted a waiver. The judge will either accept, reject, or amend the separation agreement at the hearing.
What is a R-408?
Record of Absolute Divorce (R-408) from the Registry of Vital Records. A financial statement from each spouse. In a contested divorce, either party can request that the other submits a signed, current financial statement to the court with a copy to the requesting party within 10 days by making a separate request titled "Request for ...
What is a motion for temporary order?
Motion for temporary orders (CJD 400) (i.e. child custody, child support, spousal support, etc.) if you need a court order until your divorce hearing. Fill in what you want the court to order. With this, you also need an Affidavit, where you explain what happened and when to the judge, and a Proposed Order form.
Do you have to file an answer after your spouse has been served?
After your spouse has been served, they will likely file an answer. See respond to a case filed against you in Probate and Family Court for more information on that process. Note: If you want to change the type of divorce you are filing from no-fault to fault, you must do so before your spouse files an answer.
What is discovery in divorce?
This is the ultimate guide to divorce discovery. Discovery isn’t always talked about a lot in divorce, but it can be one of the most critical steps to ensuring you have a complete understanding of the facts – particularly if your spouse is being less than forthcoming. If you’re involved in an attorney-driven divorce (aka litigation), ...
How to request an expert witness?
For example, you can request things such as: 1 All written reports of each person you expect to call as an expert witness at trial. 2 All documents of any expert witness you intend to call at trial that were relied upon to form an opinion. 3 All written, recorded, or signed statements of any party, including both parties to the divorce, witnesses, investigators, friends, family members or employer of the parties concerning the subject matter of your divorce action. 4 All photographs, videotapes or audiotapes, emails, surveys or other graphic representations of information concerning the subject matter of this divorce action. 5 Any documents received pursuant to a subpoena request from any party. 6 All financial documents (tax returns, paystubs, bank statements, retirement account statements), child-related documents, social media posts and so forth.
What is the hassle of discovery?
Part of the hassle of discovery is that you may be asked to produce documents and information your spouse already has. But attorneys will be driving the process and they will want to make sure they have all bases covered so that can represent their client to the best of their ability.
How long does it take to respond to a perjury complaint?
After formal discovery has taken place or concurrent with formal discovery, both sides may submit written questions to each other that must be answered truthfully under the penalty of perjury. A response is generally required in 30 days, but either side may file an objection if they feel the questions are harassing and have no bearing on the case.
What is a deposition in divorce?
Depositions are sworn testimony from an opposing party or witnesses in a divorce. This testimony can be used in court and can be used to uphold any agreements that were made during the deposition.
What is a request for admission of facts?
A request for admissions of facts is a series of short sentences that either side may be asked to respond to. These include facts that the other side must either confirm or deny.
What are the down side of depositions?
The down side of depositions is that they can add a lot of cost to a divorce. You will have to pay for the services of the attorney, or paralegal, pay for a court reporter and pay for the transcript from the deposition.
Property Issues
- Marital Property and Division of Assets in Massachusetts
Massachusetts is an equitable distribution state, and this means that courts will attempt to make sure that marital assets in a divorce are divided in a fair wayunder the circumstances. But it does not mean that assets will always be divided on a 50/50 basis. Marital assets are those accumula… - Debts
Debt acquired during a marriage in Massachusetts is considered a “negative asset” and is the responsibility of both parties. Both spouses are liable for repayment with some provisions. Because Massachusetts is an equitable liability state, debt will be split fairly but not necessarily …
Support Issues
- Alimony (Spousal Support) in Massachusetts
Alimony, also referred to as spousal support, may be considered by a judge if there is a demonstrated need and no child support is being paid. If child support is being paid, then both spouses must have a combined income of at least $250,000 before alimony can be granted. The… - Child Support in Massachusetts
Child support payments in Massachusetts are determined using a set of guidelines that have been developed by the state. A formula that takes into account each parent’s income, daycare and medical insurance expenses, living arrangements, and other financial benefits a child may alrea…
Custody and Visitation
- Child Custody in Massachusetts
Massachusetts recognizes two types of child custody which can either be on a sole or shared basis: 1. Legal custodyis when a parent is allowed to make important decisions that affect a child’s life. This may include where to go to school, religious instruction and medical treatment a… - Substance Abuse
Drug and alcohol abuse can be cited as one of the grounds for divorce in a fault-based divorce in Massachusetts. If a plaintiff cites this as a reason, they must prove that the abuse exists in order for the divorce to proceed. Courts always take the best interests of a child into primary consider…
Divorce Process
- Bifurcation of marital status
Bifurcation means that both parties in a divorce can legally divide their divorce into two stages. The first part satisfies the grounds for the divorce. The marriage is terminated at that point. It also means that the financial aspects of the divorce such as child custody, visitation, child support, al… - Disclosing Assets
Massachusetts law requires that in a divorce, both parties must provide the other with three years of records such as tax returns, bank statements, investment statements and other related materials. This must be done within 45 days after service of the complaint and summons to the …
Other Issues
- Domestic Violence
Domestic violence is a serious problem above and beyond how it impacts a divorce in Massachusetts. If domestic violence is present in your marriage, you must take immediate steps to secure your safety and the safety of any family members who may also be in danger. Law enf… - Health Insurance
Health insurance is considered a form of spousal support in Massachusetts. According to state laws, a company may be required to continue providing an ex-spouse with health insurance under its employee’s plan. Spouses must decide who will pay deductibles, premiums and medical expe…
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