Request for Production in Divorce
A request for production is a legal request for documents and an integral part of the very important discovery process in divorce.
It's used to gather evidence, as well proof of assets and income, of each of the spouses.
A good attorney will use a request for production to strategically support their case.
In my case, I issued the first round of Request for Production myself, without an attorney.
I received most, but not all, of the documents requested.
Technically, the recipient of the Request for Production must either submit documents or a written response as to why they cannot be provided. I would have had to asked the Judge to compel Mr. Ex to give me the documents I hadn't received.
In the end, I got enough evidence to win my case.
IN THE CIRCUIT COURT OF XXXXXXX COUNTY, DEPARTMENT, DOMESTIC RELATIONS DIVISION
REQUEST FOR PRODUCTION
XXXXXXXXXXX, Pro Se, requests that the following documents be produced at the home of XXXXXXXXXXX XXXXXXXXXXX by petitioner within 28 days from the date hereof:
1. The list of all the production companies Mr. Ex has worked for from Jan 1, 2013 through the present date, along with copies of all call sheets from those jobs;
I was looking for proof of the Keystone Job directly from him. I was also planning on going after other production companies to see if he'd transferred his wages on any other job that I could find.
2. A copy of the executed lease for XXXXXXXXXXX XXXXXXXXXXX, along with receipts, cancelled checks, and proof of payment of rent from 1/1/13 to present;
I knew the mix of money between he and G'friend was screwed up. I was thinking that part of that would be in how they paid rent. I was right because once they showed their 'rent split', it became clear that he was paying significantly more.
3. XXXXXXXXXXX and cellphone bills for XXXXXXXXXXX and any other cell numbers he maintains from 1/1/13 to present;
I was looking to formally link his cellphone number with him. While they had transferred his number to her bill, he admitted in court that he had that same number for nearly 20 years.
4. All photographs of any kind, which you may tender to the court at the hearing;
5. Complete federal income tax returns for 2013 and W-2/1099 statements for 2013;
6. Any and all records concerning any pension, 401k, or any other retirement account from 1/1/13 to the present date;
7. All bank records for any and all accounts, including monthly statements, from 1/1/2013 to the present date;
I knew it was a long shot that he'd be depositing cash into his bank account. He wasn't. However, the account records revealed that he hadn't paid any retainer to his attorney. He was really only paying for rent and his car from the traceable accounts. For future reference, he never showed any statements for October of 2012 (which you'll see moving forwards was a very suspicious month).
8. All canceled checks for school or any other activities that XXXXXXXXXXX he has paid for XXXXXXXXXXX, minor, since 8/1/10 to present;
Of course, I knew he would show none.
9. All stock certificates and brokerages account statements from 1/1/13 to the present;
10. Purchase contract, including all payment receipts, and insurance policy, for the boat registered to XXXXXXXXXX;
In response to this request, he flubbed. He showed both a bill of sale for his boat AND a bogus transfer to settle some unknown debt of the very same boat. In court, he looked completely dishonest as he back-peddled his way out of this one, ultimately claiming that he had never seen the very documents he submitted.
11. All statements concerning automobile purchases and monthly payments thereon from 1/1/12 to the present date;
12. A complete list including, the purchase date and purchase value for any and all assets that are of greater value than $500, which have been purchased since 1/1/12 to present date.
Of course, he showed nothing. He was still hiding behind the curtain of ABC Gear not being his.
13. A copy of an active life insurance policy, in the amount of at least One Hundred Thousand ($100,000.00) Dollars naming the minor child, XXXXXXXXXX, as irrevocable beneficiary and XXXXXXXXXX as trustee for the benefit of the minor child.
Nada on this one as well. He claimed that he could not get insured because of having had a heart attack previously. He could get a policy; he just didn't want to pay for it (or stop smoking).
14. A detailed credit report dated within the last 3 months showing all accounts. I will reimburse the petitioner for cost of credit report upon receipt of said report.
I never got this.
15. A copy of all credit card accounts and monthly statements since 1/1/13 to present date;
Got half-ass statements for two cards but not all the statements. Also, he never submitted records for October of 2012. He claimed for this month that he did not have anything. You'll see later that G'friend filed for EIN (Employer Identification Number) that very month. My thought is that he purchased the equipment in October 2012. This is why he didn't submit bank or credit card statements for that month.
16. A copy of all other income: amounts, sources, tax forms, all information, from 1/1/12 through the present date.
You guessed it - nada here.
17. Any DBA names, or other names, or business entities that XXXXXXXXXXX bills under or is paid as, along with all financial information including, invoices, check amounts, w-2's/1099s, and Federal Tax Returns for 2012 and 2013.
18. Copies of any documentation of XXXXXXXXXXX stake of ownership in any business, real estate, or any other assets.
19. Copies of any inheritance received from 1/1/2011 to the present date.
20. Copy of attorney fees paid for the retention of XXXXXXXXXXX including cancelled checks and invoices.
I was looking for him to show several thousand dollars in a retainer somewhere.
21. An affidavit pursuant to Supreme Court Rule 214, which states that the documents produced are complete in accordance with request.