After a dissolution in a family case (divorce legal, separation etc) there is an extremely limited right to additional discovery. Generally this is limited to a yearly update on a party’s earning capacity as it might relate to spousal support or child support.
However, California Family Code § 218 provides that discovery automatically reopens when a post judgment motion is filed. The good news with this rule is that if you need documents or a deposition in relation to a motion then you can do so by right. The bad news is that most motions tend to be calendared on a timeline much shorter than the time to conduct discovery. The practical result being that unless you plan the calendaring of your motion carefully, it can be difficult to actually conduct the discovery one needs to in order for the information to be usable when the motion is heard.
Moreover, 218 only allows for discovery of related to the motion brought. Thus, not only the timing of the motion is critical, but the motion itself must must be crafted in a way to make sure one is able to obtain the information needed to prevail.
If you are planning on bringing a post judgment motion and crucial to that motion is some information or document you do not have then careful consideration is needed well before the first paper is even filed. The attorneys of Jones & Devoy have experience throughout the San Francisco bay area in bringing and defending discovery in post judgment matters and can either advise or represent you.
