In some cases, a motion to compel a preliminary declaration of disclosure may be necessary. Here are the purposes of this motion, its forms, and remedies. You should know what your options are before filing a motion. Before you file, you should have a clear understanding of your rights and responsibilities under family law.
Table of Contents
Motion to compel preliminary declaration of disclosure
If you’re going to try and compel your spouse to make the disclosures necessary to protect your interests, you’ll need to file a motion to compel preliminary disclosure of disclosure. This motion is similar to a discovery request, but the document you use is filed with the court. The opposing party receives this form and has 30 days to make the disclosures you’ve requested. If they don’t comply, you may file a motion in court to enforce your rights.
Before filing for a divorce, either party will have to serve the other spouse with a preliminary disclosure of disclosure. Although there are a few exceptions to this rule, the rule is that you must serve the other party with the document.
Purpose
A motion to compel a preliminary declaration of disclosure is a common legal procedure, and can be brought for a variety of reasons. For instance, it may be brought when one spouse fails to disclose information that is relevant to the case. Other times, a spouse may have a question about the value of an asset or debt, and wants to know more about it.
When filing a motion to compel a preliminary disclosure of assets, it is important to be clear about what is required. The declaration must state the identity of all assets and liabilities, and the percentage of ownership or obligation to each asset or liability. It should be as specific as possible, and the declarant may make amendments to the disclosure as necessary.
Forms
The preliminary declaration of disclosure forms include a schedule of debts and assets, an income and expense declaration, and a list of attachments. All of the information must be listed with sufficient particularity. If either party does not have an adequate understanding of the value of an asset, a due diligence procedure must be conducted.
Motions to compel disclosure may be filed for a number of reasons. In some cases, it may be necessary to disclose a personal fact that was not disclosed in the preliminary declaration of disclosure. Some cases may involve inadmissible information that could damage the case. In others, it may be necessary to compel disclosure to protect a party’s rights.
Remedies
Remedies for a motion to compel a preliminary declaration of disclosure are available in family law cases. These orders require the party to make disclosures of assets, liabilities, income, and expenses. If a party does not comply with these orders, the court may order monetary sanctions against them. In addition, it can set aside a judgment if the party fails to make full disclosures.
To file a motion to compel a preliminary disclosure, the party filing the motion must file proof of service with the court. The preliminary declaration must include a list of the assets and liabilities the declarant owns or has a legal interest in, as well as the percentage ownership or obligation to each asset and liability. The declaration may also specify the nature of each asset or liability, and may contain a characterization of each.
Service
If the other party refuses to provide information that is necessary to your case, you can file a motion to compel preliminary disclosure of disclosure (PDD) with the court. Unlike a discovery request, a PDD is not a legal document, but rather a form that is filed with the court and served on the other party. It is designed to send a clear message to the other party that you are serious about the matter, and that you will not tolerate non-compliance. It also gives the other party 30 days to comply with the demand, and if the other party fails to comply, you may file a motion with the court to compel the disclosure.
A motion to compel can be extremely complicated, and there are many important considerations to keep in mind when filing one. For one, it is essential that the requesting party produce a separate statement of issues, which describes the demand made and the response given. It also lists the reasons why the compulsion is necessary. In many cases, a party might refuse to provide certain information if it will result in an unfair or unfavorable outcome.
