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Difference between revisions of "Disclosure and Discovery in Supreme Court Family Law Proceedings"
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Disclosure and Discovery in Supreme Court Family Law Proceedings (view source)
Revision as of 23:06, 25 March 2025
, 25 March→"Two-tier" disclosure process
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If you have demanded additional documents under Rule 9-1(7) or (8) and are not satisfied with the other side's response, you can apply to court for production of documents under Rule 9-1(10) after 35 days. | If you have demanded additional documents under Rule 9-1(7) or (8) and are not satisfied with the other side's response, you can apply to court for production of documents under Rule 9-1(10) after 35 days. | ||
====Applications and court orders for disclosure==== | |||
When parties are unsuccessful after trying to resolve their disagreement about what kinds of financial information or other documents are reasonable to disclose, and if demands for financial particulars under Rule 5-1(13), or for other documents under Rule 9-1(7) or (8) are refused, then there are a few options. | |||
When it's early in the litigation, and a ''judicial case conference'' has not happened yet, it can be efficient to wait until you and the other party are before a judge at the conference, and try to raise the issue at that meeting. If the litigation has been going on a while, and there are other case planning problems to deal with, scheduling a ''case planning conference'' might be a good option. You can read about the powers of a judge during case conferences in this chapter, under the [[Conferences and Supreme Court Family Law Proceedings]] section. | |||
Otherwise, parties who cannot agree about disclosure demands can apply to court. Applications to court are dealt with under Part 10 of the Supreme Court Family Rules, and would rely on Rule 5-1(14) in the case of financial particulars in Form F8, and Rule 9-1(10) in the case of other documents. | |||
Before making an application under Rule 9-1(10), be aware of key principles the courts consider in applications under this rule: | Before making an application under Rule 9-1(10), be aware of key principles the courts consider in applications under this rule: | ||