2011 PRACTICE BOOK: PART III, SEC. 25-32 DISCOVERY ISSUES

I have reviewed information regarding discovery in prior blogs, so bear with me if I repeat myself, as I do believe I will be adding some additional valuable detail in this blog.  

When you are called to a deposition, as I have said in prior blogs, attached to the subpoena summoning you to the deposition is an attached Schedule A listing all the documents you are required to bring with you and turn over to the opposing party. 

These documents are listed in Sec. 25-32 of the 2011 Practice Book and pretty much cover every document necessary to establish a clear picture of your ex's financial situation. 

Another way that a party can obtain these documents, as I have stated before, is to file a Motion For Mandatory Disclosure and Production.  Once these documents are requested, each party has the obligation to provide these documents on an ongoing basis.  That obligation is known as the "continuing duty to disclose." 

For an overview of the documents involved, take a look at the list in Sec. 25-32 of the 2011 Practice Book which I have posted below: 

Sec. 25-32. Mandatory Disclosure and Production

(a) Unless otherwise ordered by the judicial

authority for good cause shown, upon request by

a party involved in an action for dissolution of

marriage or civil union, legal separation, annulment

or support, or a postjudgment motion for

modification of alimony or support, opposing parties

shall exchange the following documents

within thirty days of such request:

(1) all federal and state income tax returns filed

within the last three years, including personal

returns and returns filed on behalf of any partnership

or closely-held corporation of which a party

is a partner or shareholder;

(2) IRS forms W-2, 1099 and K-1 within the last

three years including those for the past year if the

income tax returns for that year have not been

prepared;

(3) copies of all pay stubs or other evidence of

income for the current year and the last pay stub

from the past year;

(4) statements for all accounts maintained with

any financial institution, including banks, brokers

and financial managers, for the past 24 months;

(5) the most recent statement showing any

interest in any Keogh, IRA, profit sharing plan,

deferred compensation plan, pension plan, or

retirement account;

(6) the most recent statement regarding any

insurance on the life of any party;

(7) a summary furnished by the employer of the

party’s medical insurance policy, coverage, cost

of coverage, spousal benefits, and COBRA costs

following dissolution;

(8) any written appraisal concerning any asset

owned by either party.

(b) Such duty to disclose shall continue during

the pendency of the action should a party appear.