Posts classified under: AZ

A Motion for Disclosure of Department of Child Safety Records is a legal document filed by a party requesting that the Court issue an order that directs the Department of Child Safety (“DCS”) to provide to the Court records that are generated during any investigations that involve either of the parties or their minor children.  Typically, these reports are not released to the public due to the sensitive nature of the content.  However, if the information is necessary to promote the safety and well-being of a minor child, DCS will disclose the information to a domestic relations, family, or conciliation court. This motion will clearly outline the following items:

• The necessity of the reports for the Court to make an informed ruling regarding parenting time and/or legal decision-making for the minor child(ren);
• Whether the parties request to have the document(s) reviewed in their presence;
• The number of copies requested from DCS for the court’s review.

A Motion for Order Compelling Disclosure or Discovery, commonly referred to as a Motion to Compel, is a legal document filed by a party requesting that the Court issue an order that directs the opposing party and/or counsel to provide the requested information.  Typically, this document is filed in the following situations:

• A party has failed to make a disclosure that is required under the Arizona Rules of Family Law Procedure
• A deponent has failed to answer a question propounded or submitted under Rule 57 or 58 of the Arizona Rules of Family Law Procedure
• A party has failed to answer an interrogatory request
• A party has failed to produce documentation/evidence requested by the other party
• A party has provided evasive or incomplete answers or responses

This motion will not be heard by the Court unless the party requesting it has shown good faith efforts to resolve the disclosure/discovery issue.  Additionally, the party filing the Motion to Compel can request sanctions against the offending party including but not limited to:

• Reimbursement of legal fees
• Disallowance of information to be entered in as evidence
• Dismissal of the claim or defense.

Non-Uniform Family Law Interrogatories is a legal document that is submitted by one party to an opposing party (not to the Court) for purposes of fact finding and/or evidence gathering.  This document differs from Uniform Family Law Interrogatories in that they are not a set of standardized questions or requests. This document is not used in every case and the questions asked are not always the same. However, the end purpose is always the same: to obtain information that can be used as evidence in a pending legal matter.

If you receive notice of service of Non-Uniform Family Law Interrogatories from an opposing party, it is important that you timely respond to the questions and/or requests contained therein. Failure to do so could result in sanctions by the Court. As a responding party, you will also sign and notarize the document, swearing and affirming that the information contained therein is complete, accurate, and correct. Typically, the answering party of Non-Uniform Family Law Interrogatories will also be required to provide documentation supporting their responses.

A Request for Admissions is a written request by one party to another asking that party to admit to certain statements, opinions of fact or the application of law to the fact, and/or authenticity of certain documents that are described within the request. The party that receives the Requests for Admissions must answer the request(s), either by admittance or denial, within 40 days of service. However, a party may object to a specific request, but must provide adequate reasoning for their objection (ex: attorney client privilege). Any Requests for Admissions that are not answered are deemed to be an admittance.

A Request for Employment Records is a written request submitted to the employer of the opposing party requesting that they provide certain information and/or documentation pertaining to the employment of that party.  This request is often utilized for purposes of:

• Identifying and locating a person who is obligated to pay support
• Identifying and locating a person against whom an obligation is being sought
• Identifying and locating a person that an obligation is owed
• Identifying and locating information relating to a person who is obligated to pay support.

The employer is required to disclose certain information regarding the employee including but not limited to:

• Employment Status
• Earnings
• Retirement Benefits
• Medical, Dental, and Vision Benefits and Costs.

If the employer refuses to provide the requested information, the party requesting the employment records may file a subpoena with the Court commanding that the employer provide the requested information and or documentation.

A Request for Production of Documents and Things is a written request by one party to another that they produce certain documents or electronically stored information. These requests are often used for purposes of obtaining documents and/or information that a party might try to hide during their legal proceeding or documents and/or information that cannot be obtained by the requesting party alone. The most common documents and/or information requested include but are not limited to:

• Tax Returns
• Health Insurance Information
• Employment Information
• Minor Child(ren)’s School Records
• Banking, Savings, Money Market, 401k, and/or IRA Accounts and Statements
• Housing Contracts
• Real Property Deeds.