Procedural Question

[lextlns]

I am representing myself in my divorce trial. STBX's attorney has postponed the trial 3 times. The judge set the discovery deadline for September 29, 2006 at the Pretrial Conference. Today (12/7/06), I received a "Request for Supplemental Disclosure" from him. Do I have to comply even though the discovery deadline has passed?

The Pretrial Conference Order reads:

" Discovery must be completed by 9/29/06 or is waived and the case will be tried without such discovery."

Thank you for your help.

[Lee Borden]

Beats me. That's a function of local procedural requirements. Are you sure it's a good idea for you to be representing yourself in a litigated divorce? My answer would be no, but I don't know your situation . . .

[lextlns]

If one can continue to request production of documents, what would be the purpose of a pretrial conference and setting deadlines for various procedures?  Furthermore, I have 30 days to respond which would take us beyond the trial date. Methinks, it is just a sign of desperation and/or further harrassment of a pro se litigant.

I agree with you that it is NEVER a good idea to represent yourself. I did not have a choice (financially). It is a simple case (no minor children, no extensive assets, 23 year marriage) which should have been settled out of court (lingering in the system for 22 months) but the STBX thinks the Court will just let him walk away without having to pay alimony etc.

Thank you for your reply and for your concern.

[Piedpiper]

wrt the supplemental disclosure... is he/they asking for anything you have a problem giving?  Is it info the judge might likely want anyway?  My thinking is that unless it will be detrimental to you or your case, then go ahead and provide it. 

[lextlns]

At the pretrial conference, he told the judge (on the record) that his discovery was complete. The judge gave him 30 additional days anyway even though he had 17 months to discover whatever he needed to discover.

The trial date has been postponed twice (each time, I was informed by the Judicial Assistant that everything including the deadlines stays the same) and after the last postponement, I received this request. I have already provided him with everything he is asking for and there are no changes in my circumstances. It is not detrimental to my case to provide him with these documents...again...but, I don't see why I should have to.

When I ask him to provide me with documents, I get a letter from him saying that I have to make an appointment with his office to go to his office and pay for the copies of the documents. He is never giving me anything I need. I just go directly to the source (eg: taxes from the IRS,  balances from credit reports and so on) , so instead of gathering everything once again and pay for the copies, notary and mailing, I am thinking of writing him the same letter:

"Make an appointment, come to my office, pay for the copies and have at it."