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PRE-TRIAL MATTERS/OBTAINING FINANCIAL INFORMATION ABOUT THE OTHER PARTY/DISCOVERY
There are several ways to obtain financial information regarding the other party. The process of obtaining information during the legal process is referred to as “discovery”. Each party is required to respond truthfully and completely to written and oral discovery requests. If financial issues are involved in your case, you must comply with Local Court Rule 4-3.02. You must comply with this rule even if you are the person requesting or receiving child support, maintenance, or other forms of financial relief. Sanctions can be imposed for failure to accurately disclose your income, assets, expenses and debt on your financial affidavit. Discovery can be obtained by the following:
- Marital Interrogatories (requests the other party to answer questions) (see Illinois Supreme Court Rule 213).
- Notices to Produce (requests the other party to produce copies of documents, objects, or access to real estate and personal property) (see Illinois Supreme Court Rule 214).
- Subpoenas (requests a non-party to produce documents or appear in court to testify.) Additionally, a Subpoena can compel a person to appear in Court (see Illinois Supreme Court Rule 204 and Local Court Rule 4-2.09).
- Depositions (requests a party to give testimony on the record) (see Illinois Supreme Court Rules 202 through 208, and Local Court Rules 5-2.06 and 5-2.07).