wtsooner
recently joined
Reged: 01/06/12
Posts: 3
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My wife's financial discovery documents were due today. She has had 6 bank accounts over the past 2 years and only supplied her most recent statement on one account. Her lawyer entered an objection stating that conforming to the request was too burdensome, she was asked for the last four years of statements. What would happen now? Is it a failure to comply, avoidance, or hiding assets, or allowed to not fully disclose?
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Renny
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Reged: 09/24/11
Posts: 479
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This is the odious, standard practice in many jurisdictions. Object and delay. Hide the ball. You depose the other party and order them to produce all the documents. You can subpoena the documents. You can write letters and file a motion to compell discovery, but I must say judges hate discovery disputes and award attorney fees only in egregious cases.
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wtsooner
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Reged: 01/06/12
Posts: 3
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Would an egregious case be one where a large amount of money was involved? What would happen if she lies about the existence and balances of the accounts in a deposition?
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Renny
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Reged: 09/24/11
Posts: 479
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An egregious case would be one where you have to go to unreasonable lengths and expense to discover what was requested. Depositions are taken under oath. Materially false statements are perjury, which can be a misdemeanor or felony depending on state law.
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wtsooner
recently joined
Reged: 01/06/12
Posts: 3
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At some point would they be made to comply? What would be the process for that? And, does it look bad to the court if they try to hide assets?
Edited by wtsooner (01/08/12 04:19 PM)
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Renny
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Reged: 09/24/11
Posts: 479
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Referring to your original post, you should subpoena the bank documents. If everything else fails, you can file a motion to compel. At this point, a few days or even weeks late in producing documents, it's too early to speak of hiding assets.
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Pops_IL_CP_Dad
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Reged: 02/02/08
Posts: 406
Loc: Illinois
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Four years of statements could be pretty burdensome. If any of those 6 accounts were joint accounts, don't expect her to produce anything. They'll just tell you to produce them yourself. If they were in her name only, then one year is pretty routine.
It's not a failure to comply--yet. File a motion to compel asap. THEN, if she doesn't produce, file contempt and ask for sanctions.
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Focus on what is legally relevant, not morally indignant or petty.
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