Golf Properties

I live in CA. and am going through the division of property phase of a divorce. I am the Petitioner. This case has been dragging on for so long that the divorce itself has already gone past it’s legal waiting period & been finalized. I am now planning to serve Respondant with a Request for production of Documentation. My Question? Can I just type this up and mail it to the defendant, or does it have to be done through the court?

Btw, I no longer retain an attorney, as the respondant has brought this down to a "pots & pans" case ( not worth paying an attorney to keep up with their laughable documentation being ’served’ on me involving imaginary golf clubs, etc.)
My reason for considering the request for prod. of documents is basically to show that everything the respondant has stated in their Income and Expense and Assest and Debt forms is absolutely false. I just want this annoyance to end.
Thank You.
I should have been more specific with my question. Does the document itself have to be a legal document that I file with the court (the Request for Production of Documents), or can it just be a letter that I type up myself listing the documents I’m requesting? Thanks.

If you are representing yourself, pro se, then you are able to draft these documents yourself. However the "Petitioners Request for Production of Discovery Documents" is not a letter, it’s a legal pleading, if you will. The legal form would look exactly like the complaint that you served on the respondent (which I hope you have a copy of). Just copy the caption (the information with the court, names of parties and index number, the way it looks on the complaint) and also, find the Civil Practice Rule that governs your request for these documents, and state that rule in the first sentence of your pleading. Then list the documents you are requesting by paragraph (1., 2., 3., 4.)

However, be prepared to receive an objection from the respondant’s counsel stating that your request is overbroad or doesn’t lead to any admissable. In which case, then you would have to file a motion to retrieve these documents and have a judge rule in your favor.

2 Responses

1. rickinnocal Says:
   March 1st, 2010 at 6:20 pm

   In CA, legal documents can be served by any adult not connected with the case. This includes service by mail.

   Take a look through papers from earlier on, that you received by mail. A proof of service form will be in there. It basically just say that "I, John Doe, mailed these papers to Bob Smith on such and such a date".

   Richard
   References :

2. Beebs84 Says:
   March 1st, 2010 at 6:33 pm

   If you are representing yourself, pro se, then you are able to draft these documents yourself. However the "Petitioners Request for Production of Discovery Documents" is not a letter, it’s a legal pleading, if you will. The legal form would look exactly like the complaint that you served on the respondent (which I hope you have a copy of). Just copy the caption (the information with the court, names of parties and index number, the way it looks on the complaint) and also, find the Civil Practice Rule that governs your request for these documents, and state that rule in the first sentence of your pleading. Then list the documents you are requesting by paragraph (1., 2., 3., 4.)

   However, be prepared to receive an objection from the respondant’s counsel stating that your request is overbroad or doesn’t lead to any admissable. In which case, then you would have to file a motion to retrieve these documents and have a judge rule in your favor.
   References :
   Paralegal

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