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If you don't get a response to your discovery request

If the other person did not respond or didn't provide complete responses, try to work it out with them directly first.  If that does not work, you can request a court order that requires them to respond or respond with more information. You have 45 days to do this.

Before you start

Try to work things out informally with the other person

If you sent a request for information using the discovery process and the other person: 

  • Skipped some questions that you checked
  • Did not answer the whole question
  • Refused to answer without a good reason
  • Did not respond at all to your discovery request

you have options for what to do next to get the information you need.

Start by trying to work things out informally, keeping records of all of your communications. If you can't get the information you need that way, you can request a court order.

Write to them (or their lawyer, if they have one). Explain what was missing, if that's the case, or why their refusal to answer a question is not correct. Ask when you can get a complete response.

If they send updated responses, review them again. If still not complete, you can write again asking for a complete response.

Keep records of your communications

In order to ask a judge to require the other person to respond, you must show the judge that you tried to work things out first. The legal term for this is Meet and Confer. It means that you tried to work things out, but still did not get complete answers.

To show the judge you met this requirement, you'll need documentation. This includes:

  1. A copy of written communication to the other person asking them to respond
    • This letter or email should include the information that because they missed the deadline to respond, the law says they can no longer refuse or “object” to answering the questions
    • This letter or email should also give them another deadline to get you the answers
       
  2. Proof that they received your communication
    • If you sent it by email and they responded to the email in any way, this typically will be acceptable in family court
    • If they are not responding to you at all, then you can serve the communication by mail (the same way you served the Form Interrogatories)
    • Sending a letter with proof of delivery may also be acceptable

Keep a copy of the Proof of Service form or the receipt from proof of delivery via mail. You'll need these when you ask the court for an order.

Ask for a court order

If the other person does not respond, or their response is still incomplete, you can ask the court to order them to respond.

You have 45 days from the service of the most recent responses to ask the court to make an order requiring an answer. If the response was served by mail, 5 extra days are added. If the last day falls on a weekend or court holiday, the last day to file rolls to the next court date. If you miss this deadline, you accept the responses as given. 
 

​​​​​​The other person may face consequences for missing a deadline

For example, they might give up a right to object to a question in an interrogatory. You can also ask the court for fees if you spent money filing the order.

How to ask the court to order your spouse to respond

  • Fill out a Request for Order

    Use Request for Order (form FL-300).

    • Check the box in the caption that says “other” and write in “compel further responses to form Form Interrogatories-Family Law."
    • In item 8, “other orders” again write “Compel further responses to Form Interrogatories-Family Law.”

    In item 10, how you fill in the form will depend upon if you got no response or an incomplete response.

    • If you got no response
      In item 10, explain that you did not get a response and were not able to work something out informally.
    • If you got incomplete responses

      In item 10, explain what was wrong with the responses and that you were not able to work something out informally.

       

    Attach copies of:

    • The Form Interrogatories and your Proof of Service form
    • Any communication – a letter or emails – that you sent to the other person
    • Any form of proof that the other person received your communication (for example a Proof of Service form or a receipt of delivery from the post office)

  • File the form with the court

    File the form and attachments with the court clerk and pay a fee. The clerk will give you a court date for a hearing where a judge will decide if the other person must give you the information required.

Family law discovery

What's next?

If you're able to get the information you need from the other person without requesting a court order, then review the information and use it to prepare for your trial.

 

If you have to request an order, after you've filed it with the court, you must serve the other person. You can do this by mail. 

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