Tucker, GA asked in Divorce and Family Law for Georgia

Q: How many days before first court date for divorce are you required to provide all of your evidence to opposing counsel?

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2 Lawyer Answers
Regina Irene Edwards
Regina Irene Edwards pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Lawrenceville, GA
  • Licensed in Georgia

A: There is no set rule. If discovery (definition - the compulsory disclosure, by a party to an action, of relevant documents referred to by the other party.) requests were not filed, and there is no pre-trial order, there is no affirmative duty to provide evidence to the other side at all, let alone in advance of trial. If discovery requests were properly filed and requested, then that information should be provided well in advance of trial. Even if discovery was not filed, sometimes a pre-trial order directs parties to exchange in advance of trial. To avoid surprise, it is always best practice to file requests to ensure documents are received in advance.

P. Justin Thrailkill
P. Justin Thrailkill
  • Fayetteville, GA
  • Licensed in Georgia

A: That depends on several things. Have they filed discovery requests? If so, do those requests include a Notice to Produce? When were those requests served? Discuss this with counsel as soon as you can.

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