At what times during the litigation process is discovery allowed?

RogerV43

New Member
Jurisdiction
Missouri
My divorce was finalized a couple of years ago. My ex recently filed a Motion for Contempt over some bills that were not paid that I was ordered to pay. These bills were all in her name and the lenders couldn't discuss anything with me without her written consent. She refused to cooperate with me and the lenders to get these bills taken care of and refused my certified mail when I tried to contact her that way and hasn't sent me any certified letters trying to rectify this. After I was served with the contempt papers, I filed a Motion to Dismiss (since I honestly tried my best to take care of the bills). Her attorney recently filed Notice of Readiness and requested a court date. In the notice, her attorney stated that "discovery is complete". I had planned on filing a Request for Production to gather any possible correspondence between my ex and these lenders and between me and her (in hopes that the absence of any correspondence would help build my case). My question is this: since her attorney stated that discovery is complete, does that mean that I no longer have the option of discovery before the trial? Or does that simply mean that they have completed their discovery and I'm still free to explore my own discovery options?
 
I'm not completely familiar with the rules of MO Civil Procedure, nor do I wish to be.
But, you can educate yourself in an effort to answer your own query.

Here you go, MO Rules of Civil Procedure (and Evidence), your answer's buried therein:

http://www.courts.mo.gov/file/11 Bench Book - Chapter XI.pdf

http://www.mobar.org/uploadedFiles/...rse_Materials/Dioneda - Evidence at Trial.pdf

Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts


This is very close to being (if not) ON POINT:

Supreme Court Rules - Rule 56 - Rules of Civil Procedure - Rules Governing Civil Procedure in the Circuit Courts - General Provision Governing Discovery: General Provision Governing Discovery

If I were in your position, despite the rule, you remain FREE to file your motion.

The judge will ultimately decide.

Frankly, I'd endeavor to do whatever I could to dispense with this madness.

Have you investigated bankruptcy?
 
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