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Rhode Island Divorce Quick Tip in Contested Divorce Situations - Subpoena Duces Tecum

In contested RI divorces often the other party doesn't want to comply with providing documents (a Rule 34 Request for Production of Documents) or answering questions (a Rule 33 Set of Interrogatories) under oath.  

When this is the case, the best way to get the information you want is to get it using a subpoena duces tecum to a third-party who may have the same information.

For example, John and his attorney continue with a litany of excuses about why they can't provide the bank account statements for the past 2 years of all bank accounts John's name is on at any financial institution.

Try bypassing John and his divorce lawyer altogether by having a Subpoena Duces Tecum issued and served upon the banks that you think John has been doing business with over the past two years.  Yes, it may cost a few dollars in required witness fees and for the service of the subpoena.  In this way your request for the documents in your divorce action will remain active and you can still pressure John and his lawyer about producing the documents while still making some headway by forcing the banks to produce whatever documents they have on the subject.

Sometimes sidestepping a resistant party by using a subpoena duces tecum which requires the production of documents from the subpoenaed party is the best way to get the information you want and be assured that you have received everything and that the resistant party has inadvertently "left anything out."

 

All my Best to All Who Go Before the Rhode Island Family Court,

I am Attorney Christopher A. Pearsall and I am "The Rhode Island Divorce Coach."

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