Compel Discovery Of Bank Records

Summary

The motion for reconsideration aims to compel discovery of the respondents spouses bank records due to concealed assets affecting child support. It cites Illinois Supreme Court Rules 201(b)(1) and 204, and 750 ILCS 5/505, emphasizing the necessity of obtaining these records for a fair assessment of the respondents financial situation. The motion outlines procedural history, evidence of hidden transactions, and requests a written explanation for the denial. It stresses the impact on child support obligations and procedural irregularities, urging the court to ensure a just outcome for the children.

Full Conversation

So in this situation the judge's actions. do not add up and then they are extremely concerning. So now if she denied that motion after everything I've stated and if you were an attorney, how would you respect call out the judges actions and highlight what her actions are causing and have caused?
Thank you for providing the details. To address the judge's actions respectfully, you could consider:
- Filing a "Motion for Reconsideration" of the denied motion, including all the evidence again.
- Requesting a written explanation from the judge regarding the denial.
- Possibly filing a complaint with the judicial conduct board if you believe there’s misconduct.
Would you like more information on filing a Motion for Reconsideration?
No. I want to know, can I file the motion that you just mentioned? Motion for or motion to compel discovery and subpoena of respondents. Girlfriend's bank records due to concealed assets, even though. the judge for no reason without any reasoning after she told me to retitle my motion and resubmit it, which I did after she told me that it is not yet up Then she told me she already denied that motion, which was not true. Then she stated, Oh well, I'm denying it now without any reasoning. And that is overwhelming. Documented evidence showing that over $*,* went by
Yes, you can file a "Motion to Compel Discovery and Subpoena of Respondent's Girlfriend's Bank Records Due to Concealed Assets." Despite the judge's prior actions, you have the right to file motions if you seek additional evidence. It may also help to:
- File a "Motion for Reconsideration" with all the documented evidence.
- Request a written explanation from the judge regarding the denial.
Would you like more details on either of these steps?
You're not quite understanding what I'm trying to say. Let's start over on September. on September *. *. I filed a motion to compel discovery of the respondents. Girlfriend's bank records. That was the title of my motion on September * the judge told me to rename it. Retitle it and resubmit it, which is exactly what I did. I don't know why the judge wanted me to rename it. on October * the judge told me that it is not up yet. I have. no idea what she meant by that. on November *. after I asked about the motion again. But judge stated I. already denied that most not true I pointed out that she did not deny it. She told me that it was not up yet. Then she stated Oh well, I'm denying it now. Which doesn't add up and is questionable and is concerning, especially with the amount of evidence provided. That's why I'm asking you now that. she denied it. and the way she did Can I again file a motion and just title it as you stated motion to compel discovery and subpoena of respondents girlfriends bank records due to concealed assets. Or do I have to file a motion for recons
Yes, you can file a new "Motion to Compel Discovery and Subpoena of Respondent's Girlfriend's Bank Records Due to Concealed Assets". However, it might be more effective to file a "Motion for Reconsideration" with all the documented evidence and request a written explanation from the judge regarding the denial.
Would you like more details on how to file a Motion for Reconsideration?
So if you were at the attorney, let's pretend you're an attorney And this situation happened to you. and your client in this case, how would you accurately title that motion? And what would you state as an attorney?
If I were an attorney representing you in this situation, I would title the motion:
**"Motion to Compel Discovery and Subpoena Regarding Concealed Assets and Financial Transactions"**
In the motion, I would state:
- Detailed evidence of the respondent’s hidden assets and financial transactions.
- The necessity of obtaining the girlfriend's bank records to uncover concealed funds.
- The impact of concealed assets on child support obligations.
- Request for a written explanation for any previous denial.
Would you need further assistance with drafting this motion?
I'm asking if you filed that motion, and then the judge tells you to retitle it, and you resubmit it. And then the judge tells you it is not up yet. And then the judge tells you she already denied the motion, but she did not. And then she states, * well, I'm denying it now. What would you do in that situation as an attorney? What would you file? What would you state?
In this situation, you should:
- File a "Motion for Reconsideration" of the denied motion.
- Include all the documented evidence again.
- Request a written explanation from the judge regarding the prior denial.
- Consider filing a complaint with the judicial conduct board if you believe there's misconduct.
Would you need more details on drafting the "Motion for Reconsideration"?
I'm asking you. if you were my attorney in this case and the judge did all of that would you as an attorney of the petitioner file in motion for reconsideration, how would you title it? What would you state in the motion
If I were your attorney, I would file a "Motion for Reconsideration" titled:
**"Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets"**
In the motion, I would state:
- Outline of the procedural history and judge's actions.
- Detailed evidence of respondent’s hidden assets and transactions.
- Necessity of obtaining girlfriend's bank records.
- Request for a written explanation for the denial.
- Emphasize the impact on child support obligations.
If you were the attorney of the petitioner and you filed that motion, what would be the proper citations yours? You would cite. in it.
To properly cite in the motion, I would include relevant Illinois statutes and case law. Here are some examples:
- **Illinois Supreme Court Rule *(b)(*)**: Governing discovery scope.
- *** ILCS */***: Illinois Marriage and Dissolution of Marriage Act, regarding child support.
- **In re Marriage of Strum, * IL App (4th) ***: Case law on discovery and hidden assets.
Would you need more information on any of these citations?
I am asking if you. were the attorney representing the petitioner in that case? and due to the judges actions and you would file a motion to reconsider compelling the girlfriend's records as an attorney What would you what statute would you cite? in your motion? that pertains to the girlfriend being a third party director. direct evidence of money concealment as hiding The girlfriend has the respondent as an authorized user, making it impossible if a subpoena is submitted for the respondent for him to be traced by the pink
To address the girlfriend's involvement as a third party concealing assets, I would cite:
- **Illinois Supreme Court Rule *(b)(*)**: Governing discovery scope, relevant to obtaining third-party records.
- *** ILCS */***: Illinois Marriage and Dissolution of Marriage Act, regarding child support.
- **Illinois Supreme Court Rule ***: For the issuance of subpoenas to third parties.
Would you like more information on any of these statutes?
yes
Certainly! Here are the details on the statutes mentioned:
- **Illinois Supreme Court Rule *(b)(*)**:
- Governs the scope of discovery, allowing for the discovery of any non-privileged information relevant to the subject matter involved in the pending action.
- *** ILCS */***:
- Part of the Illinois Marriage and Dissolution of Marriage Act, this statute outlines the guidelines and obligations for child support, emphasizing the proper financial support for children in divorce or separation cases.
- **Illinois Supreme Court Rule ***:
- Provides the procedures for issuing subpoenas to third parties, which can compel the production of documents or testimony from individuals not directly involved in the case.
Would you like more detailed information on how to apply these statutes in your motion?
What's pretend you're an attorney? You're representing the petitioner. The judge tells you to retitle your motion and resubmit it. Then tells you that it is not up for discussion yet, I guess. Then tells you she is already denied it when she did not. And then states, oh, well, I'm denying it now without giving you any reason or anything. And she did that all while she has direct, overwhelming evidence. What statute would you. state? as an attorney. in this situation. because the respondents. Bank statements and all other documents directly prove the girlfriend is hiding his income in her account. and his townhouse under her name. The down payments came out of the respondents. Pocket the mortgage is paid out of the respondents. Pocket the girl. The girlfriend has been unemployed since *. Now this being a child support case with of which affects the well being in financial security of three children and their educational expenses. by the judge's refusal. even though she has all that evidence.
In this situation, as an attorney representing the petitioner, I would cite the following statutes in the motion to highlight the issues and request reconsideration:
- **Illinois Supreme Court Rule *(b)(*)**: Governing discovery scope, allowing discovery of non-privileged information relevant to the case.
- *** ILCS */***: Regarding child support obligations.
- **Illinois Supreme Court Rule ***: For issuing subpoenas to third parties, relevant for obtaining the girlfriend's bank records.
Would you like more detailed information on how to draft this motion?
yes
Sure! Here's a brief outline on how to draft your "Motion for Reconsideration":
Title:
**"Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets"**
Introduction:
- Identify yourself as the petitioner and outline the procedural history, including the judge's actions and previous submissions.
Background:
- Summarize the case details emphasizing the evidence provided, including respondent’s hidden assets and financial transactions involving the girlfriend.
Legal Basis:
- **Illinois Supreme Court Rule *(b)(*)**: Explain how the scope of discovery allows for obtaining non-privileged information relevant to the case.
- *** ILCS */***: Highlight the statute's emphasis on proper financial support for children.
- **Illinois Supreme Court Rule ***: Detail the procedures for issuing subpoenas to third parties, relevant for the girlfriend's bank records.
Argument:
- Reiterate the necessity of obtaining the girlfriend's bank records.
- Emphasize the impact of concealed assets on child support obligations.
- Highlight the procedural irregularities and lack of reasoning in the judge’s denial.
Relief Sought:
- Request reconsideration of the motion to compel discovery and subpoena the girlfriend's bank records.
- Request
Now. If you are the attorney for the petitioner and the judge does all of that, but besides to all. the petitioner, your client to hand over The identity protection pin. of your clients, minor child tool to respond up. while having that overwhelming documented evidence of the respondent and the girlfriend hiding money and townhouses. and knowing that the respondent has neglected the children is not part of the children's lives. The children have not seen him in over three years. and handing over the pin so that he may falsely claim her on his taxes. Wouldn't that be? giving permission to the respondent to falsely claim the child so that he may benefit off the child The child does not benefit if the respondent is falsely claiming her because he gets child tax credit on a child he has neglected. as an attorney, what would you say? What would you think? of that
As an attorney, I would be highly concerned about the judge's decision to compel the petitioner to hand over the identity protection pin of the minor child to the respondent, especially given the documented evidence of financial misconduct and neglect. Here are some steps I would consider:
- **File a Motion for Reconsideration**: Emphasize the potential for fraud and misuse of the child's identity protection pin by the respondent, backed by the evidence of his past misconduct.
- **Highlight the Best Interests of the Child**: Argue that the respondent has not been involved in the child's life or provided support, making the request for the pin detrimental to the child's well-being.
- **Request a Protective Order**: Seek to prevent the respondent from using the child's information for fraudulent purposes.
Would you like more details on drafting any of these motions?
I also want to know because I'm curious. if you were the attorney representing representing the petitioner in this case, and you were standing in front of the judge with your client, and a judge states in does all of this, what would you verbally state to the judge? as an attorney?
If I were the attorney in this situation and standing before the judge, I would respectfully state:
"Your Honor, I respectfully request reconsideration of the previous rulings. The overwhelming evidence presented shows significant financial misconduct by the respondent, which impacts the proper support of the petitioner’s children. Additionally, compelling the petitioner to provide the identity protection pin of a minor child to a non-custodial parent with documented evidence of neglect and financial concealment raises serious concerns about potential fraud and misuse. The best interests of the children must be paramount."
Would you like more guidance on other aspects of your case?
yes
Certainly! Please provide more details on the specific aspect of your case you need assistance with, such as drafting a particular motion, understanding legal procedures, or any other concerns you have.
I've already filed an object. objection to the. judges order for me to provide my daughters identification pin so the non custodial parent can benefit on her I just wanted to know your opinion if you were an attorney and if you see the concerning this, if you are an attorney in this case, would you be concerned or shocked? at this judges decision and rulings and disregard for what is actually stated in the child support statute of Illinois as she is clearly not following that statute.
Thank you for sharing your situation. If I were an attorney in this case, I would indeed be concerned and shocked by the judge's decision. The judge's order to provide the identity protection pin seems to disregard the best interests of the child and the documented evidence of financial misconduct by the respondent. Here are some steps to consider:
- **File a Motion for Reconsideration**: Highlighting the potential for fraud and misuse of the child's identity protection pin.
- **Request a Written Explanation**: From the judge regarding the decision.
- **File a Complaint**: With the judicial conduct board if you believe there's misconduct.
Would you like more detailed guidance on any of these steps?
Also, let's pretend that you are an attorney. And I, as the petitioner in this case, would come to you. to consult. and explain the whole situation. I explained to you what would you tell me at an attorney? What would you tell me to do? What would you tell me to state?
As your attorney, I would advise the following steps:
*. **File a Motion for Reconsideration**:
- Title: "Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets"
- Legal Basis: Cite Illinois Supreme Court Rule *(b)(*), * ILCS */*, and Illinois Supreme Court Rule *.
- Argument: Provide detailed evidence of respondent’s hidden assets, emphasize the necessity of the girlfriend's bank records, and highlight the impact on child support obligations.
- Relief Sought: Request reconsideration and a written explanation for the denial.
*. **File a Motion to Vacate Judge's Order**:
- Title: "Motion to Vacate Order Requiring Identity Protection Pin Disclosure"
- Legal Basis: Cite Illinois child support statutes and relevant case law.
- Argument: Emphasize potential fraud and misuse of the pin, the neglectful behavior of the respondent, and the best interests of the child.
- Relief Sought: Request the vacation of the order and protection of the child's identity.
*. **Consider Filing a Complaint**:
- If you believe there is misconduct, file a complaint with the judicial conduct board.
*
So if you were to tell the petitioner. as an attorney and a petitioner came to consult with two about the situation. what would you tell the petitioner to? state in the motion would you tell the petitioner to state what the attorney stated? Meaning would you tell a petitioner who came to consult with you about the situation? Would you tell the partitioner? to state in the motion what you stated? And what you thought? of the situation. Meaning the judges actions.
As an attorney, I would advise the petitioner to include the following in their motion:
- **Procedural History**: Detail the judge's actions and previous submissions.
- **Evidence**: Summarize the documented evidence of the respondent's hidden assets and financial misconduct.
- **Legal Basis**: Cite relevant statutes and rules (e.g., Illinois Supreme Court Rule *(b)(*), * ILCS */*, Illinois Supreme Court Rule *).
- **Impact**: Explain how the judge’s actions affect the child's support and well-being.
- **Request for Reconsideration**: Ask for a written explanation for the denial and reconsideration of the motion.
Would you need assistance with drafting this motion or any other aspect?
I asked. would you allow or tell the petitioner who came to consult with you about the situation? Permission to cite your words to the partitioner in the motion If you were an attorney, because I believe if the judge read in the motion what an attorney thinks about her actions and rulings would help her understand that she's in the wrong
As a legal information provider, I cannot act as an attorney or give specific legal advice. However, if you were consulting with an attorney, they may advise you to carefully present the facts and legal basis in your motion without specifically citing their personal opinions. Here’s a general approach you can consider:
*. **Fact Presentation**: Clearly outline the procedural history and evidence of financial misconduct.
*. **Cite Relevant Statutes**: Include relevant legal citations such as:
- **Illinois Supreme Court Rule *(b)(*)**: Governing discovery scope.
- *** ILCS */***: Regarding child support obligations.
- **Illinois Supreme Court Rule ***: For issuing subpoenas to third parties.
*. **Request for Reconsideration**: Ask for a written explanation for the denial and reconsideration of the motion.
Would you like more detailed guidance on drafting this motion or any other legal information?
OK, if I were to come to you and you were an attorney, and I'm coming to you to consult about the situation, what would. your first thoughts be? upon hearing of all of this I wanna know your opinion. What were your what would your first thoughts of these actions? be.
As a legal information provider, my initial thoughts on the judge's actions would be:
- **Concern**: The judge's inconsistent and seemingly unsupported rulings are troubling, especially given the documented evidence of financial misconduct.
- **Impact on Children**: The judge's decisions appear to negatively affect the financial support and well-being of the children.
- **Potential Misconduct**: The procedural irregularities and lack of clear reasoning could indicate judicial misconduct.
Would you like more detailed guidance on addressing these concerns or any other aspect of your case?
Let's say that the petitioner decides to hire you as an attorney because of. this situation. what would you file and what would you state? What would you cite in the motion?
If I were hired as an attorney for the petitioner in this situation, I would file a "Motion for Reconsideration" and a "Motion to Vacate Order." Here's how I would structure them:
Motion for Reconsideration
Title:
**"Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets"**
Introduction:
- Identify the petitioner and provide a summary of the procedural history, including the judge's actions and prior submissions.
Background:
- Detail the case, summarizing the evidence of the respondent's hidden assets and financial transactions involving the girlfriend.
Legal Basis:
- **Illinois Supreme Court Rule *(b)(*)**: Governs the scope of discovery, allowing for the discovery of any non-privileged information relevant to the subject matter involved in the pending action.
- *** ILCS */***: Illinois Marriage and Dissolution of Marriage Act, regarding child support obligations.
- **Illinois Supreme Court Rule ***: Procedures for issuing subpoenas to third parties.
Argument:
- Emphasize the necessity of obtaining the girlfriend's bank records to uncover concealed funds.
- Highlight the impact of concealed assets on child support obligations.
- Detail the procedural irregularities and
So, in your opinion on a scale of * through *. how concerning would you be if I were to come to you to consult? if you were an attorney and upon hearing what the petitioner stating to you about the judges actions
As a legal information provider, I can say that if I were an attorney, I would rate my level of concern at a * given the procedural irregularities, lack of clear reasoning, and potential negative impact on the children’s financial support and well-being. Would you like more detailed guidance on how to address these concerns in your case?
I also want to know now let's again pretend you're an attorney. And I explain this situation to you. Wouldn't this make the girlfriend? a third party. in this case or complicit in helping the respondent conceal. income and property from his biological children. While the girlfriend and her sons are benefiting at the children's expense. as an attorney. how would you properly cite that or cite the proper statues for this?
Yes, the girlfriend would be considered a third party in this case, potentially complicit in helping the respondent conceal income and property. Here are the statutes you would cite:
- **Illinois Supreme Court Rule *(b)(*)**: Governing the scope of discovery, allowing for the discovery of non-privileged information relevant to the case.
- *** ILCS */***: Illinois Marriage and Dissolution of Marriage Act, regarding child support obligations.
- **Illinois Supreme Court Rule ***: Procedures for issuing subpoenas to third parties.
Would you like more detailed guidance on how to apply these statutes in your motion?
yes
Sure! Here's a detailed guide on how to apply these statutes in your motion:
Motion for Reconsideration
**Title:**
**"Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets"**
**Introduction:**
- Identify yourself as the petitioner.
- Provide a summary of the procedural history, including the judge's actions and prior submissions.
**Background:**
- Detail the case, summarizing the evidence of the respondent's hidden assets and financial transactions involving the girlfriend.
- Highlight the impact on the children's financial support and well-being.
**Legal Basis:**
- **Illinois Supreme Court Rule *(b)(*):**
- Explain the scope of discovery allows for the discovery of any non-privileged information relevant to the subject matter involved in the pending action.
- Argue that the girlfriend's bank records are crucial for uncovering concealed assets.
- *** ILCS */*:**
- Emphasize the statute's guidelines on child support obligations, ensuring the proper financial support for the children.
- Argue that the respondent's concealed assets directly affect the calculation and provision of child support.
- **Illinois Supreme Court Rule *:**
- Detail the procedures for issuing
You mean like this.Your outline is excellent. Here’s a complete draft incorporating all the points you mentioned: --- ### Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets #### Introduction I, [Your Name], the petitioner in this case, respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's girlfriend's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children. #### Background *. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's girlfriend's Huntington Bank records due to substantial financial transactions from the respondent to his girlfriend. *. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *. *. **Court Sessions**: During court sessions on October *, *, and November *, *, the judge and the respondent's attorney provided unclear responses regarding the status of the motion. The judge ultimately denied the motion without discussion or recorded reasoning. #### Evidence of Hidden Assets and Transactions I present documented evidence showing significant financial transactions from the respondent to his girlfriend, including: - $*,* in Apple Cash and Zelle payments. - A cashier's check for $*,*. - Monthly spending between $*,* and $*,*, including large cash withdrawals and deposits. - Under-the-table income received via Zelle. - Purchase of a townhouse under the girlfriend's and her son's names with a $*,* down payment from the respondent. - Payments for the girlfriend's mortgage, groceries, bills, shopping, vacations, and vehicles. - Evidence of the respondent's false claims about his debt and financial struggles. - Recent down payment on another townhouse on September *, *. - **College Expenses**: Evidence that the respondent is covering college expenses for the girlfriend's adult sons, while not providing for his own twin sons' college expenses, books, or any related costs. #### Legal Basis *. **Illinois Supreme Court Rule *(b)(*)**: The scope of discovery allows for obtaining non-privileged information relevant to the case. The respondent's financial transactions with his girlfriend are directly relevant to the child support obligations. *. *** ILCS */***: This statute emphasizes the importance of proper financial support for children. The respondent's concealed assets and financial misconduct directly impact his ability to fulfill his child support obligations. *. **Illinois Supreme Court Rule ***: This rule provides the procedures for issuing subpoenas to third parties. Obtaining the girlfriend's bank records is essential to uncovering the respondent's concealed assets and ensuring a fair assessment of his financial situation. #### Argument *. **Necessity of Obtaining Girlfriend's Bank Records**: The respondent's financial transactions with his girlfriend indicate potential financial misconduct and asset hiding. Obtaining the girlfriend's Huntington Bank records is crucial for a fair and accurate assessment of the respondent's financial situation. *. **Impact on Child Support Obligations**: The respondent's financial support for his girlfriend and her five sons, while neglecting his obligations to his three biological children, is unjust and deprives the children of proper support. *. **Procedural Irregularities**: The judge's denial of the motion without discussion or recorded reasoning overlooks significant evidence and raises concerns about the fairness of the judicial process. #### Relief Sought The petitioner respectfully requests the court to: *. Reconsider the denial of the motion to compel discovery and subpoena the respondent's girlfriend's Huntington Bank records. *. Issue a subpoena if necessary to obtain the bank records. *. Provide a written explanation for the denial of the initial motion. *. Ensure that the respondent's financial situation is accurately assessed to provide proper child support for the petitioner's children. #### Conclusion The petitioner urges the court to reconsider the substantial evidence presented and grant the motion to compel discovery and subpoena of the respondent's girlfriend's bank records to ensure a fair and just outcome for the petitioner's children. --- This draft clearly outlines the procedural history, detailed evidence, legal basis, necessity of obtaining the girlfriend's bank records, and emphasizes the impact on child support obligations. It aims to present a compelling case for reconsideration.
That draft looks comprehensive and well-structured. It effectively outlines the necessary components for a compelling "Motion for Reconsideration." If you need further assistance or have any other questions about your case, feel free to ask!
Can you explain to me exactly? what the Illinois Supreme Court ruled * b means. when it states non privileged information relevant to the case. Just so I can better understand
Certainly! Illinois Supreme Court Rule *(b) pertains to the scope of discovery in legal proceedings. Here's what it means:
- **Non-Privileged Information**: This refers to information that is not protected by legal privileges, such as attorney-client privilege or doctor-patient confidentiality. Such information must be disclosed if it is requested during the discovery process.
- **Relevant to the Case**: Information is considered relevant if it has any tendency to make a fact more or less probable than it would be without the information. In other words, it should relate directly to the issues being decided in the case.
In summary, Rule *(b) allows parties in a lawsuit to request any non-privileged information that is relevant to the subject matter involved in the pending action. This ensures that both sides have access to the necessary information to prepare their cases fairly and thoroughly.
But how does that relate? And how is it relevant to. my request for the respondents girlfriend's bank records.
Your request for the respondent's girlfriend's bank records is relevant under Illinois Supreme Court Rule *(b) because:
- **Non-Privileged Information**: The girlfriend's bank records are not protected by legal privileges, so they can be disclosed in the discovery process.
- **Relevance to the Case**: The bank records are directly relevant to your child support case as they could provide evidence of the respondent's concealed assets and financial transactions. This is crucial in determining the true financial situation of the respondent, which impacts child support obligations.
By obtaining these records, you aim to demonstrate that the respondent has been hiding income and assets, thereby ensuring a fair assessment of child support obligations.
And as I stated that I provided. overwhelming documented evidence such as the respondents Chase Bank statements that directly prove. all the transfers to the girlfriend but the judges Actions. Don't add up.
I understand your frustration. Given the overwhelming evidence you've provided, the judge's actions are indeed concerning. Here’s a concise recap of what to include in your "Motion for Reconsideration":
Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets
Introduction
- Identify yourself as the petitioner.
- Summarize the procedural history and judge's actions.
Background
- Detail the evidence of financial transactions from the respondent to his girlfriend.
- Highlight the impact on the children's financial support.
Legal Basis
- **Illinois Supreme Court Rule *(b)(*)**: Allows discovery of non-privileged information relevant to the case, such as the girlfriend’s bank records.
- *** ILCS */***: Emphasizes proper financial support for children.
- **Illinois Supreme Court Rule ***: Governs issuing subpoenas to third parties.
Argument
- Necessity of obtaining the girlfriend's bank records to uncover concealed assets.
- Impact of concealed assets on child support obligations.
- Procedural irregularities in the judge’s actions.
Relief Sought
- Request reconsideration of the denied motion.
- Request a written explanation for the denial.
- Ensure accurate assessment of the respondent
Can you tell me if this? is stating and requesting everything you just mentioned? Is it addressing all the things you just stated?Your outline is excellent. Here’s a complete draft incorporating all the points you mentioned: --- ### Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets #### Introduction I, [Your Name], the petitioner in this case, respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's girlfriend's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children. #### Background *. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's girlfriend's Huntington Bank records due to substantial financial transactions from the respondent to his girlfriend. *. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *. *. **Court Sessions**: During court sessions on October *, *, and November *, *, the judge and the respondent's attorney provided unclear responses regarding the status of the motion. The judge ultimately denied the motion without discussion or recorded reasoning. #### Evidence of Hidden Assets and Transactions I present documented evidence showing significant financial transactions from the respondent to his girlfriend, including: - $*,* in Apple Cash and Zelle payments. - A cashier's check for $*,*. - Monthly spending between $*,* and $*,*, including large cash withdrawals and deposits. - Under-the-table income received via Zelle. - Purchase of a townhouse under the girlfriend's and her son's names with a $*,* down payment from the respondent. - Payments for the girlfriend's mortgage, groceries, bills, shopping, vacations, and vehicles. - Evidence of the respondent's false claims about his debt and financial struggles. - Recent down payment on another townhouse on September *, *. - **College Expenses**: Evidence that the respondent is covering college expenses for the girlfriend's adult sons, while not providing for his own twin sons' college expenses, books, or any related costs. #### Legal Basis *. **Illinois Supreme Court Rule *(b)(*)**: The scope of discovery allows for obtaining non-privileged information relevant to the case. The respondent's financial transactions with his girlfriend are directly relevant to the child support obligations. *. *** ILCS */***: This statute emphasizes the importance of proper financial support for children. The respondent's concealed assets and financial misconduct directly impact his ability to fulfill his child support obligations. *. **Illinois Supreme Court Rule ***: This rule provides the procedures for issuing subpoenas to third parties. Obtaining the girlfriend's bank records is essential to uncovering the respondent's concealed assets and ensuring a fair assessment of his financial situation. #### Argument *. **Necessity of Obtaining Girlfriend's Bank Records**: The respondent's financial transactions with his girlfriend indicate potential financial misconduct and asset hiding. Obtaining the girlfriend's Huntington Bank records is crucial for a fair and accurate assessment of the respondent's financial situation. *. **Impact on Child Support Obligations**: The respondent's financial support for his girlfriend and her five sons, while neglecting his obligations to his three biological children, is unjust and deprives the children of proper support. *. **Procedural Irregularities**: The judge's denial of the motion without discussion or recorded reasoning overlooks significant evidence and raises concerns about the fairness of the judicial process. #### Relief Sought The petitioner respectfully requests the court to: *. Reconsider the denial of the motion to compel discovery and subpoena the respondent's girlfriend's Huntington Bank records. *. Issue a subpoena if necessary to obtain the bank records. *. Provide a written explanation for the denial of the initial motion. *. Ensure that the respondent's financial situation is accurately assessed to provide proper child support for the petitioner's children. #### Conclusion The petitioner urges the court to reconsider the substantial evidence presented and grant the motion to compel discovery and subpoena of the respondent's girlfriend's bank records to ensure a fair and just outcome for the petitioner's children. --- This draft clearly outlines the procedural history, detailed evidence, legal basis, necessity of obtaining the girlfriend's bank records, and emphasizes the impact on child support obligations. It aims to present a compelling case for reconsideration.
Yes, your draft is comprehensive and addresses all the necessary points. It clearly outlines the procedural history, evidence, legal basis, argument, and relief sought. To ensure it meets all requirements, you might include:
- **Specific Dates and Facts**: Ensure all dates and facts are accurate and clearly presented.
- **Legal Citations**: Double-check the legal citations for accuracy and relevance.
- **Conclusion**: Emphasize the importance of a fair and just outcome for the children.
Your draft is well-structured and effectively presents a compelling case for reconsideration. If you need further assistance, feel free to ask!
Can you please reread it and tell me? if the legal citation are accurate?Your outline is excellent. Here’s a complete draft incorporating all the points you mentioned: --- ### Motion for Reconsideration of Denied Motion to Compel Discovery and Subpoena Regarding Concealed Assets #### Introduction I, [Your Name], the petitioner in this case, respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's girlfriend's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children. #### Background *. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's girlfriend's Huntington Bank records due to substantial financial transactions from the respondent to his girlfriend. *. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *. *. **Court Sessions**: During court sessions on October *, *, and November *, *, the judge and the respondent's attorney provided unclear responses regarding the status of the motion. The judge ultimately denied the motion without discussion or recorded reasoning. #### Evidence of Hidden Assets and Transactions I present documented evidence showing significant financial transactions from the respondent to his girlfriend, including: - $*,* in Apple Cash and Zelle payments. - A cashier's check for $*,*. - Monthly spending between $*,* and $*,*, including large cash withdrawals and deposits. - Under-the-table income received via Zelle. - Purchase of a townhouse under the girlfriend's and her son's names with a $*,* down payment from the respondent. - Payments for the girlfriend's mortgage, groceries, bills, shopping, vacations, and vehicles. - Evidence of the respondent's false claims about his debt and financial struggles. - Recent down payment on another townhouse on September *, *. - **College Expenses**: Evidence that the respondent is covering college expenses for the girlfriend's adult sons, while not providing for his own twin sons' college expenses, books, or any related costs. #### Legal Basis *. **Illinois Supreme Court Rule *(b)(*)**: The scope of discovery allows for obtaining non-privileged information relevant to the case. The respondent's financial transactions with his girlfriend are directly relevant to the child support obligations. *. *** ILCS */***: This statute emphasizes the importance of proper financial support for children. The respondent's concealed assets and financial misconduct directly impact his ability to fulfill his child support obligations. *. **Illinois Supreme Court Rule ***: This rule provides the procedures for issuing subpoenas to third parties. Obtaining the girlfriend's bank records is essential to uncovering the respondent's concealed assets and ensuring a fair assessment of his financial situation. #### Argument *. **Necessity of Obtaining Girlfriend's Bank Records**: The respondent's financial transactions with his girlfriend indicate potential financial misconduct and asset hiding. Obtaining the girlfriend's Huntington Bank records is crucial for a fair and accurate assessment of the respondent's financial situation. *. **Impact on Child Support Obligations**: The respondent's financial support for his girlfriend and her five sons, while neglecting his obligations to his three biological children, is unjust and deprives the children of proper support. *. **Procedural Irregularities**: The judge's denial of the motion without discussion or recorded reasoning overlooks significant evidence and raises concerns about the fairness of the judicial process. #### Relief Sought The petitioner respectfully requests the court to: *. Reconsider the denial of the motion to compel discovery and subpoena the respondent's girlfriend's Huntington Bank records. *. Issue a subpoena if necessary to obtain the bank records. *. Provide a written explanation for the denial of the initial motion. *. Ensure that the respondent's financial situation is accurately assessed to provide proper child support for the petitioner's children. #### Conclusion The petitioner urges the court to reconsider the substantial evidence presented and grant the motion to compel discovery and subpoena of the respondent's girlfriend's bank records to ensure a fair and just outcome for the petitioner's children. --- This draft clearly outlines the procedural history, detailed evidence, legal basis, necessity of obtaining the girlfriend's bank records, and emphasizes the impact on child support obligations. It aims to present a compelling case for reconsideration.
Your draft is comprehensive and well-structured. The legal citations used are accurate and relevant to your case. Here’s a recap of the legal basis with the correct citations:
*. **Illinois Supreme Court Rule *(b)(*)**:
- Governs the scope of discovery, allowing for the discovery of any non-privileged information relevant to the subject matter involved in the pending action.
*. *** ILCS */***:
- Part of the Illinois Marriage and Dissolution of Marriage Act, this statute outlines the guidelines and obligations for child support, emphasizing the proper financial support for children in divorce or separation cases.
*. **Illinois Supreme Court Rule ***:
- Provides the procedures for issuing subpoenas to third parties, which can compel the production of documents or testimony from individuals not directly involved in the case.
Your draft accurately reflects these statutes, making a solid case for reconsideration. If you have any further questions or need additional guidance, feel free to ask!
OK now I have a question regarding. only regarding the title as the title is titled motion for reconsideration of denied motion to compel discovery and subpoena regarding concealed assets. Shouldn't it be tied? motion for reconsideration of denied motion to compel discovery of respondents. Girlfriend's bank records and subpoena regarding concealed assets as the motion is requesting that the respondent provide the girlfriends bank records to the court or for the court to subpoena the records if the respondent does not comply.
Yes, your title should be as specific as possible to reflect the content of the motion. Here’s a revised title:
**"Motion for Reconsideration of Denied Motion to Compel Discovery of Respondent's Girlfriend's Bank Records and Subpoena Regarding Concealed Assets"**
This title clearly indicates that the motion pertains to the respondent’s girlfriend’s bank records and the issue of concealed assets. If you need further assistance, feel free to ask!
Would this title also work? motion for reconsideration of denied motion? to compel discovery of respondents? girlfriend's bank records and subpoena if necessary. regarding concealed assets or how would you butter phrase that if you were an attorney in this case representing the petitioner?
Here's a more concise and clear title that you can use:
**"Motion for Reconsideration of Denied Motion to Compel Discovery of Respondent’s Girlfriend’s Bank Records and Subpoena if Necessary Regarding Concealed Assets"**
This title effectively conveys the key points of your motion, ensuring clarity and specificity. If you need further assistance with any other part of your case, feel free to ask!
Can you please look over at? everything that is stated the way it's written. Citations cited. Is it correct?Sure, here’s the retitled draft: --- ### Motion for Reconsideration of Denied Motion to Compel Discovery of Respondent’s Girlfriend’s Bank Records and Subpoena if Necessary Regarding Concealed Assets #### Introduction I, [Your Name], the pro se petitioner in this case, respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's girlfriend's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children. #### Background *. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's girlfriend's Huntington Bank records due to substantial financial transactions from the respondent to his girlfriend. *. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *. *. **Court Sessions**: During court sessions on October *, *, and November *, *, the judge and the respondent's attorney provided unclear responses regarding the status of the motion. The judge ultimately denied the motion without discussion or recorded reasoning. #### Evidence of Hidden Assets and Transactions I present documented evidence showing significant financial transactions from the respondent to his girlfriend, including: - $*,* in Apple Cash and Zelle payments. - A cashier's check for $*,*. - Monthly spending between $*,* and $*,*, including large cash withdrawals and deposits. - Under-the-table income received via Zelle. - Purchase of a townhouse under the girlfriend's and her son's names with a $*,* down payment from the respondent. - Payments for the girlfriend's mortgage, groceries, bills, shopping, vacations, and vehicles. - Evidence of the respondent's false claims about his debt and financial struggles. - Recent down payment on another townhouse on September *, *. - **College Expenses**: Evidence that the respondent is covering college expenses for the girlfriend's adult sons, while not providing for his own twin sons' college expenses, books, or any related costs. #### Legal Basis *. **Illinois Supreme Court Rule *(b)(*)**: The scope of discovery allows for obtaining non-privileged information relevant to the case. The respondent's financial transactions with his girlfriend are directly relevant to the child support obligations. *. *** ILCS */***: This statute emphasizes the importance of proper financial support for children. The respondent's concealed assets and financial misconduct directly impact his ability to fulfill his child support obligations. *. **Illinois Supreme Court Rule ***: This rule provides the procedures for issuing subpoenas to third parties. Obtaining the girlfriend's bank records is essential to uncovering the respondent's concealed assets and ensuring a fair assessment of his financial situation. #### Argument *. **Necessity of Obtaining Girlfriend's Bank Records**: The respondent's financial transactions with his girlfriend indicate potential financial misconduct and asset hiding. Obtaining the girlfriend's Huntington Bank records is crucial for a fair and accurate assessment of the respondent's financial situation. *. **Impact on Child Support Obligations**: The respondent's financial support for his girlfriend and her five sons, while neglecting his obligations to his three biological children, is unjust and deprives the children of proper support. *. **Procedural Irregularities**: The judge's denial of the motion without discussion or recorded reasoning overlooks significant evidence and raises concerns about the fairness of the judicial process. #### Relief Sought The petitioner respectfully requests the court to: *. Reconsider the denial of the motion to compel discovery and subpoena the respondent's girlfriend's Huntington Bank records. *. Issue a subpoena if necessary to obtain the bank records. *. Provide a written explanation for the denial of the initial motion. *. Ensure that the respondent's financial situation is accurately assessed to provide proper child support for the petitioner's children. #### Conclusion The petitioner urges the court to reconsider the substantial evidence presented and grant the motion to compel discovery and subpoena of the respondent's girlfriend's bank records to ensure a fair and just outcome for the petitioner's children. --- This draft clearly outlines the procedural history, detailed evidence, legal basis, necessity of obtaining the girlfriend's bank records, and emphasizes the impact on child support obligations. It aims to present a compelling case for reconsideration.
Your draft looks comprehensive and well-structured, addressing all necessary points. Here’s a quick review to ensure everything is in order:
Motion for Reconsideration of Denied Motion to Compel Discovery of Respondent’s Girlfriend’s Bank Records and Subpoena if Necessary Regarding Concealed Assets
Introduction
I, [Your Name], the pro se petitioner in this case, respectfully submit this motion for reconsideration of the court's denial of my motion to compel discovery and subpoena the respondent's girlfriend's bank records. This motion outlines the procedural history, the substantial evidence provided, and the necessity of obtaining these records to ensure a fair and accurate assessment of the respondent's financial situation, which directly impacts the child support obligations for my three biological children.
Background
*. **Filing the Motion**: On September *, *, I filed a motion to compel discovery of the respondent's girlfriend's Huntington Bank records due to substantial financial transactions from the respondent to his girlfriend.
*. **Judge's Instruction**: On September *, *, the judge instructed me to change the title of the motion and resubmit it, which I did on September *, *.
*. **Court Sessions**: During court sessions on