TITLE I : Pleadings and Motions; Filing;Entries
1.26 Mandatory Disclosure Order - New Rule, Effective 1-02-08
Amendment effective 10-1-09
(A) Mandatory Disclosure Order
In every new action for divorce, legal separation or annulment, the plaintiff shall obtain a copy of the Administrative Judge’s Order Re: Mandatory Disclosure Pursuant to Local Rule 1.26 (Form No. DR 1.26). The Order shall be served upon the defendant along with the complaint and supplemental documents. Within 45 days of service on the defendant of the Complaint For Divorce, Legal Separation or Annulment and Mandatory Disclosure Order, each party shall disclose to the other all of the following information and documents that is in his or her custody, possession or control:
- All real estate deeds and vehicle titles;
- The most recently issued statements on all bank accounts, annuities, stocks, and bonds;
- The most recently issues statements regarding pensions, profit sharing plans, retirement benefits, and IRA’s, including the most recent summary plan description;
- All life insurance policies in force now or within the last six months, including the most recent cash value statements;
- The last three years’ income tax returns;
- Proof of current income from all sources;
- Health, dental and vision insurance coverage available along with ALL plan options and costs (i.e. single, family, etc.);
- All COBRA benefits to which either party may be entitled, including cost estimates;
- Child care expenses;
- The most recently issued statements for all liabilities including, but not limited to, mortgages, lines of credit, loans, and credit card accounts;
- Completed Property Statement (Form No. DR 4.1);
- Completed Affidavit of Income, Expenses & Financial Disclosure (Form No. DR 7.3).
(B) Manner of Disclosure
The disclosures referred to in paragraph (A) shall be made by providing copies of documents in one of the following manners:
- Electronic e-mail to the other party’s attorney;
- Facsimile to the other party’s attorney;
- Mail to the other party’s attorney; or
- Hand delivery to the other party’s attorney.
If a party is unrepresented, this disclosure shall be as provided herein to the party.
(C) Extension of Time
For good cause shown, a motion or an agreed entry may be filed to modify the Mandatory Disclosure Order or to extend the time to disclose the foregoing information and documents.
(D) Failure to Comply with Disclosure Order
Failure to comply with the Mandatory Disclosure Order may result in sanctions, including, but not limited to, the following:
- A finding of contempt;
- Award of attorney fees;
- Dismissal of claims; and
- Restrictions upon the submission of evidence.
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