Cannot complete Discovery, what can be done?

[sky]

DISCOVERY QUESTION:

1) About the Case

CASE: Florida divorce, petition filed by the Wife, one year ago.

Summary: A 19 years marriage with 2 minor children, 12 and 14. Process just turned over one year old and discovery cannot be completed.

2) The Issues

2.1) On 01/06/2011 the Court issued an Order to Compel the Petitioner/Wife to comply with Fla.Fam.F.R.P. 12.285 governing Mandatory Disclosure within 10 days.

2.2) On 01/06/2011 the Court issued an Order to Compel the Petitioner/Wife, according to Fla.Fam.F.R.P. 12.340 and Fla.R.Civ.P. Rule 1.340, to serve answers to Husband�s Notice of Service of Standard Family Law Interrogatories dated October 26, 2010, with in 10 days.

2.3) On 01/11/2011 the Petitioner/Wife filed her Financial Affidavit with attachments.

2.4) On 02/08/2011 the Petitioner/Wife presented her Answers to Respondent/Husband�s Interrogatories.

2.5) On 03/08/2011 the Respondent/Husband filed a Motion to Compel Better Answers to Standard Family Law Interrogatories.

2.6) On 03/28/2011 the Court entered an Order Granting the Respondent�s Motion to Compel Better Answers to Standard Family Law Interrogatories, giving the Petitioner/Wife 10 days to comply and have the documents verified and notarized.

2.7) On 04/08/2011 the 10 days period granted by the Court elapsed without compliance by part of the Petitioner/Wife.

2.8) On 04/11/2008 the Petitioner/Wife filed the same document she presented initially on 02/08/2011, plus one extra page.

2.9) On the extra page entitled �Attestation With Respect to Interrogatories Upon Petitioner/Wife�, the Petitioner/Wife signs both as AFFIANT and as NOTARY PUBLIC (without being a Notary Public).

QUESTION: What can be done?

[Attorney Howard Iken]

I, personally, would file another Motion to Compel, and a Motion to Strike Pleadings. I would ask the court to strike selected pleadings as a remedy for failure to provide adequate financial disclosure.

[sky]

First of all, thanks for your reply.

Should it be another Motion to Compel Better Answers to STD Law Interrogatories?

The related Court's Order was an Agreed Order, but on another issue, about the Response to Husband's First Request of Documents Directed to Wife, the Court issued an EX-PARTE Order (since the Petitioner/Wife did not present any answers).

How about the proposed order: should it be agreed or ex-parte?

Regards,

[Attorney Howard Iken]

Your choice on the wording for the Motion to Compel. The star of the choice will be the Motion to Strike Pleadings.

On the order, that is highly dependent on the preferences and habits of your particular judge.