Are attorneys the only people allowed to create and serve a 3rd party discovery?
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Are attorneys the only people allowed to create and serve a 3rd party discovery?
I have an attorney but have run out of money to pay. I need a 3rd party discovery on spouses’ 2 mortgage loan applications that were applied for without me. This will allow me to understand the status of our marital property, help create a balance sheet, and provide input into the settlement agreement. Spouse has refused to cooperate with providing answers and an accurate financial
statement. I have accrued large legal fees in an attempt to discover facts. Is there any other way to have a 3rd party performed?
Asked on April 1, 2019 under Family Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, a pro se litigant--someone representing him- or herself--may send 3rd-party discovery requests (e.g. subpoenas) to persons or business which may have information relevant to the litigation (e.g. a divorce case). The pro se litigant does have to comply with all the same rules and procedures as an attorney would, however; there is no simplied set of rules for pro se litigants. You should be able to download a copy of your state's Rules of Court and sample subpoena or other disovery forms. You'll also have to have the discovery served properly on the 3rd parties, which likely means hiring a process server.
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