Family Code section 3662 - "No Discovery Absent Pending Motion"

THURMAN'S TIPS - ATTEMPTING TO OBTAIN VOLUNTARY DISCOVERY

FAMILY CODE SECTIONS 3660 TO 3668

There is a little known and rarely used technique for sniffing out whether it might be in your best interest to consider filing a RFO (Request for Order) to change existing spousal support, child support, or family support orders without actually filing one first. Family Code section 3660 makes it clear that the California legislature intended to permit limited discovery before and without first commencing modification or termination proceedings. Section 3662 repeats the standard rule that any discovery, like production subpoenas, interrogatories, or even depositions are only available in family law proceedings if there is actually something calendered for hearing: if not, then the other party can refuse to respond and essentially ignore your requests. Read Sections 3663 and 3664.

Want to learn more about discovery in divorce and family law cases?


CALIFORNIA FAMILY CODE

MODIFICATION, TERMINATION, OR SET ASIDE OF SUPPORT ORDERS

Discovery Before Commencing Modification or Termination Proceeding

Family Code Section 3662

Methods of discovery other than that described in this article may only be used if a motion for modification or termination of the support order is pending.

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