What is Mandatory Disclosure?

by Mike DeBlasi | November 20, 2017 11:41 am

Absent agreement to the contrary, parties to family-related litigation are required to exchange certain information very early in the case.  This requirement is known as “mandatory disclosure.”  A mandatory disclosure is designed to facilitate the early evaluation of a case and enhance the possibility of early case settlement.  The exchange of this basic information also eliminates the cost and delay associated with issuing specific requests for necessary documents.

Mandatory disclosures must be exchanged within 45 days from the date on which the non-filing party was served with notice of the action.  If a hearing is scheduled before that time, the mandatory disclosures are due earlier and must be exchanged 10 days before the hearing.  The information that must be exchanged differs by the type of case filed.  For example, the mandatory disclosures in a divorce action are different from those in a post-divorce parenting-related action.  The mandatory disclosures for a divorce action are the most comprehensive.  Those disclosures include the following:

For lists of the mandatory disclosures required in other family-related actions, such as parenting petitions and petitions to change court orders, see https://www.courts.state.nh.us/fdpp/mandatory-disclosure-forms.htm[1].

Much of the information requested is personal and private in nature.  In recognition of the sensitive nature of documents being produced, Rule 1.25-A permits parties to redact all but the last four digits of account numbers and social security numbers before producing documents to protect privacy.  Rule 1.25-A also permits parties to seek protective orders requiring the confidential maintenance of documents produced.  Such an order is not necessary for financial affidavits, as financial affidavits must be maintained confidentially by the court and parties pursuant to RSA 458:15-b.

It is important to comply with the deadline for production of mandatory disclosures and to produce the documents required.  Since the mandatory disclosures are required in each family-related case, the court will not be pleased with or inclined toward arguments against production.  The court may impose significant penalties for non-compliance.  If documents are unavailable, the producing party should so state and, if desired by the other party, produce signed authorizations allowing that party to obtain the documents from their source.  The cost of obtaining such documents may be reallocated by the court at a later date.

While burdensome, production of mandatory disclosures is very helpful in most cases.  The exchange of such financial information helps to ensure that each party has an understanding of the scope of the marital estate.  In many cases, this enables early settlement negotiations and resolution of family matters.

 

About the Author: Margaret Kerouac[2]

Endnotes:
  1. https://www.courts.state.nh.us/fdpp/mandatory-disclosure-forms.htm: https://www.courts.state.nh.us/fdpp/mandatory-disclosure-forms.htm
  2. Margaret Kerouac: https://orr-reno.com/our-people/margaret-r-kerouac/

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