A Guide to Resources in the Law Library
· Discovery in Family Matters: “The provisions of Sections 13-1 through 13-11 inclusive, 13-13 through 13-16 inclusive, and 13-17 through 13-32 of the rules of practice inclusive, shall apply to family matters as defined in Section 25-1.” Conn. Practice Book § 25-31 (2008).
· Scope of Discovery: “In any civil action, in any probate appeal, or in any administrative appeal where the judicial authority finds it reasonably probable that evidence outside the record will be required, a party may obtain in accordance with the provisions of this chapter discovery of information or disclosure, production and inspection of papers, books or documents material to the subject matter involved in the pending action, which are not privileged, whether the discovery or disclosure relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, and which are within the knowledge, possession or power of the party or person to whom the discovery is addressed.” Conn. Practice Book § 13-2 (2008)
· When Permitted: “Discovery shall be permitted if the disclosure sought would be of assistance in the prosecution or defense of the action and if it can be provided by the disclosing party or person with substantially greater facility than it could otherwise be obtained by the party seeking disclosure. It shall not be ground for objection that the information sought will be inadmissible at trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. Written opinions of health care providers concerning evidence of medical negligence, as provided by General Statutes § 52-190a, shall not be subject to discovery except as provided in that section.” Conn. Practice Book § 13-2 (2008)
§ 1 Mandatory Disclosure and Production
Table 1 Mandatory Disclosure and Production
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SCOPE: |
Bibliographic resources relating to the purpose and scope of discovery in general.
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CURRENCY: |
· 2008 Edition
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DEFINITIONS: |
· Purpose of discovery in general: “The new rules . . . invest the deposition-discovery process with a vital role in the preparation for trial. The various instruments of discovery now serve (1) as a device . . . to narrow and clarify the basic issues between the parties, and (2) as a device for ascertaining the facts, or information as to the existence or whereabouts of facts, relative to those issues. Thus civil trials . . . no longer need be carried on in the dark. the way is now clear, consistent with recognized privileges, for the parties to obtain the fullest possible knowledge of the issues and facts before trial.” Hickman v. Taylor, 329 U.S. 495, 501 (1947). · Mandatory disclosure and production: “Unless otherwise ordered by the judicial authority for good cause shown, upon request by a party involved in an action for dissolution of marriage or civil union, legal separation, annulment or support, or a postjudgment motion for modification of alimony or support, opposing parties shall exchange the following documents within thirty days of such request . . . .” Practice Book § 25-32(a) (2008). · Request: “means any application to the court which shall be granted by the clerk by operation of these rules unless timely objection is filed.” Practice Book § 11-2 (2008). PROCESS · Interrogatories: “are written questions propounded by one party and served on adversary, who must serve written answers thereto under oath.” 149 A. 761 (1930). · Protective Order during deposition: “(a) At any time during the taking of the deposition, upon motion of a party or of the deponent, and upon a showing that the examination is being conducted in bad faith, or in such manner as to annoy, embarrass, or oppress the deponent or a party, or to elicit privileged testimony, the judicial authority who ordered the deposition taken may order the person conducting the examination immediately to cease taking the deposition, or it may limit the scope and manner of taking the deposition by ordering: (1) That certain matters not be inquired into, or that the scope of the examination be limited to certain matters; or (2) That the examination be conducted with no one present except those persons designated by the judicial authority. (b) Upon demand of the objecting party or the deponent, the taking of the deposition shall be suspended for the time necessary to act upon the motion.” CONN. PRACTICE BOOK § 40-52 (2008). Protective Order during Deposition
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COURT RULES: |
· Conn. Practice Book. (2008). Chapter 13. Discovery and Depositions § 13-1. Definitions § 13-2. Scope of discovery; In general Chapter 25. Superior Court —Procedure in Family Matters § 25-31. Discovery and Depositions § 25-32. Mandatory disclosure and production
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FORMS: |
· 7 Arnold H. Rutkin and Kathleen A. Hogan, Connecticut Practice Series, Family Law and Practice with Forms (1999). Chapter 21. Disclosures and discovery § 21.3. Interrogatories § 21.4 —Form § 21.5 Requests for Production, Inspection and Examination § 21.6. Request for Production—Form § 21.11. Notice of Deposition—Form § 21.12. Client notification letter and instruction sheet regarding deposition—Form § 21.13. Request for Production at Deposition § 21.14. Motion to Quash Request for Production at Deposition—Form § 21.15. Motion for Videotape Deposition—Form § 21.16. Motion to Take Out of State Deposition—Form § 21.21. Motion for Protective Order—Form § 21-23. Notice of Supplemental Compliance—Form
Chapter 13. Financial discovery § 13.10. Sample discovery forms [1] FORM: Sample Discovery Letter [2] FORM: Sample Notice to Produce [3] FORM: Sample Motion for Discovery · 1 FAMILY LAW PRACTICE IN CONNECTICUT (1996) Chapter 4. Motion Practice in Matrimonial Action § 4.30. Interrogatories and Requests for Production § 4.31. Motion for Compliance § 4.32. Sanctions § 4.33. Protective Orders § 4.34. Notice of Deposition § 4.35. Motion to Quash § 4.36. Deposition by Videotape § 4.37. Commission to Take Out-of-State Deposition
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CHECKLISTS: |
· 2 Arnold H. Rutkin, Gen. Editor, Family Law and Practice (2007). Chapter 13. Financial discovery § 13.02[2]. Requests for Production Checklist
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TEXTS & TREATISES: |
· 7 Arnold H. Rutkin and Kathleen A. Hogan, Connecticut Practice Series, Family Law and Practice with Forms (1999). Chapter 21. Disclosures and discovery § 21.1 In general § 21.2 Mandatory Disclosure and Production · Civil Discovery Practice in Connecticut (1995) Chapter 1. The Practical Applications of Connecticut Discovery Rules Chapter 2. Limitations on Discovery · 1 FAMILY LAW PRACTICE IN CONNECTICUT (1996) Chapter 4. Motion Practice in Matrimonial Action § 4.29. Discovery Techniques § 4.30. Interrogatories and Requests for Production § 4.31. Motion for Compliance § 4.32. Sanctions § 4.33. Protective Orders § 4.34. Notice of Deposition § 4.35. Motion to Quash § 4.36. Deposition by Videotape § 4.37. Commission to Take Out-of-State Deposition · 2 Arnold H. Rutkin, Gen. Editor, Family Law and Practice (2007). Chapter 13. Financial Discovery § 13.01. Introduction to financial discovery § 13.02. Obtaining basic information § 13.03. Barriers to obtaining information § 13.04. Analysis of data § 13.05. Discovery of business interests § 13.06. Financial statements § 13.07. Federal tax returns § 13.08. Stockbroker statements § 13.09. Bank records § 13.10. Sample discovery forms
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COMPILER: |
Lawrence Cheeseman, Connecticut Judicial Branch, Law Library At Middletown, CT 06457. (860) 343-6560. Email
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Table 1 Mandatory Disclosure and Production
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Mandatory Disclosure and ProductionConn. Practice Book § 25-32 (2008) [emphasis added]
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(a) |
Unless otherwise ordered by the judicial authority for good cause shown, upon request by a party involved in an action for dissolution of marriage or civil union, legal separation, annulment or support, or a postjudgment motion for modification of alimony or support, opposing parties shall exchange the following documents within thirty days of such request:
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(1) |
all federal and state income tax returns filed within the last three years, including personal returns and returns filed on behalf of any partnership or closely-held corporation of which a party is a partner or shareholder;
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(2) |
IRS forms W-2, 1099 and K-1 within the last three years including those for the past year if the income tax returns for that year have not been prepared;
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(3) |
copies of all pay stubs or other evidence of income for the current year and the last pay stub from the past year;
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(4) |
statements for all accounts maintained with any financial institution, including banks, brokers and financial managers, for the past 24 months;
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(5) |
the most recent statement showing any interest in any Keogh, IRA, profit sharing plan, deferred compensation plan, pension plan, or retirement account;
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(6) |
the most recent statement regarding any insurance on the life of any party;
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(7) |
a summary furnished by the employer of the party's medical insurance policy, coverage, cost of coverage, spousal benefits, and COBRA costs following dissolution;
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(8) |
any written appraisal concerning any asset owned by either party
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(b) |
Such duty to disclose shall continue during the pendency of the action should a party appear. This section shall not preclude discovery under any other provisions of these rules.
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