Nuts & Bolts: Alaska Nuts & Bolts: Alaska Family Law and Family Law and Domestic Violence Domestic Violence CasesCases

Katy Ruff Soden, Senior Staff Attorney, Katy Ruff Soden, Senior Staff Attorney, ANDVSAANDVSA

““Permanent” CustodyPermanent” Custody

Legal

Sole

Joint(Presumption)

25.20.100[Farrell v. Farrell

819 P 2d 896 (1991)]

Physical

Primary

Shared70/30

Legal CustodyLegal Custody

Decision-making authorityDecision-making authority Ex: education, religion, medical, Ex: education, religion, medical,

etc.etc. Types of Legal CustodyTypes of Legal Custody

– Sole: one parent makes all decisionsSole: one parent makes all decisions– Joint: parents must consultJoint: parents must consult

If parents cannot agree, court will make If parents cannot agree, court will make decisiondecision

Physical CustodyPhysical Custody Child’s residenceChild’s residence Types of Physical CustodyTypes of Physical Custody

– Primary w/Visitation RightsPrimary w/Visitation Rights Child spends more than 70% of time with one Child spends more than 70% of time with one

parentparent

– SharedShared Child spends 30-70% of time with each Child spends 30-70% of time with each

parentparent

– 30% of year =110 nights30% of year =110 nights– 70/30 definition comes from Civil Rule 70/30 definition comes from Civil Rule

90.390.3

How We Get ThereHow We Get There

File divorce case File divorce case (AS 25.24.010), or(AS 25.24.010), or File custody case File custody case (AS 25.20.060)(AS 25.20.060)

– Either parent may petition for custodyEither parent may petition for custody– Non-parent may petition for custody. Non-parent may petition for custody. Buness Buness

v. Gillenv. Gillen, 781 P.2d 985 (Alaska 1989), 781 P.2d 985 (Alaska 1989) Complaint/petition requests Complaint/petition requests

physical/legalphysical/legal May request temporary ordersMay request temporary orders Protective Order proceeding,Protective Order proceeding, AS 18.66. et AS 18.66. et

seq.seq.

FOCUSING ON THE BIG FOCUSING ON THE BIG ISSUE:ISSUE:

CHILD CUSTODY & THE CHILD CUSTODY & THE BEST INTERESTS BEST INTERESTS

FACTORSFACTORS

General Ideas About the General Ideas About the FactorsFactors No factor more important than any otherNo factor more important than any other No “tender years” doctrine favoring No “tender years” doctrine favoring

maternal custody for young children. maternal custody for young children. Johnson Johnson v. Johnsonv. Johnson, 564 P.2d 71 (Alaska 1977), 564 P.2d 71 (Alaska 1977)

Generally, no “primary caretaker” rule in Generally, no “primary caretaker” rule in AlaskaAlaska– May have advantage because of statutory factorsMay have advantage because of statutory factors

Evidence of the lifestyle, character or habits Evidence of the lifestyle, character or habits of parents only relevant as they affect the of parents only relevant as they affect the person’s relationship to the child, including person’s relationship to the child, including sexual preference. sexual preference.

Custody Factors Under Custody Factors Under AS 25.24.150(c)AS 25.24.150(c) Physical, emotional, mental, Physical, emotional, mental,

religious, and social needs of the religious, and social needs of the childchild

Capability and desire of each Capability and desire of each parent to meet those needs parent to meet those needs

Child’s preference if the child is of Child’s preference if the child is of sufficient age and capacity to sufficient age and capacity to form a preferenceform a preference

More Custody FactorsMore Custody Factors

Love and Love and affection existing affection existing between the between the child and each child and each parentparent

More Custody FactorsMore Custody Factors Desire and ability of each parent to Desire and ability of each parent to

allow an open and loving frequent allow an open and loving frequent relationship between the child and relationship between the child and the other parent – i.e., the “friendly the other parent – i.e., the “friendly parent” factorparent” factor

Watch out for custodial interference where Watch out for custodial interference where parties have equal right to custody of the parties have equal right to custody of the child child – – Strother v. StateStrother v. State, 891 P.2d 214 (Alaska , 891 P.2d 214 (Alaska App. 1995); App. 1995); Vachon v. PuglieseVachon v. Pugliese,, 931 P.2d 371 931 P.2d 371 (Alaska 1996).(Alaska 1996).

Friendly parent amendment:Friendly parent amendment:The court “may not consider…[a The court “may not consider…[a parent’s] willingness and parent’s] willingness and openness” to foster a close and openness” to foster a close and continuing relationship with the continuing relationship with the other parent if that parent has other parent if that parent has been sexually assaulted or abused been sexually assaulted or abused by the other parent. by the other parent. Puddicombe Puddicombe v. Drekav. Dreka, 167 P.3d 73 (Alaska , 167 P.3d 73 (Alaska 2007) (If there is a DV finding, the 2007) (If there is a DV finding, the court must address if the perp is a court must address if the perp is a continuing threatcontinuing threatprior to relying on this prior to relying on this exception) exception)

Relocation Caselaw in Relocation Caselaw in AlaskaAlaska Strict Anti-removal statute is rejectedStrict Anti-removal statute is rejected If parent wants to relocate - court will look at If parent wants to relocate - court will look at

whether reason for move is legitimate (“A whether reason for move is legitimate (“A proposed move is legitimate if it “was not proposed move is legitimate if it “was not primarily motivated by a desire to make primarily motivated by a desire to make visitation…more difficult”)visitation…more difficult”)

Court cannot use move as a “negative” best Court cannot use move as a “negative” best interests factor.interests factor.

Case law on moving because of domestic Case law on moving because of domestic violenceviolence - - Burkholder v. Burkholder, Burkholder v. Burkholder, 790 A.2d 1053 (Pa. Super. 790 A.2d 1053 (Pa. Super. 2002) 2002) In Re Marriage of WilliamsIn Re Marriage of Williams, 589 NW2d 759, 589 NW2d 759 (IA Court of (IA Court of Appeal 1998); Appeal 1998); Hayes v. Gallacher, Hayes v. Gallacher, 972 P.2d 1138 (Nevada 1999).972 P.2d 1138 (Nevada 1999).

Still More Custody Still More Custody FactorsFactors Length of time Length of time

the child has the child has lived in a stable, lived in a stable, satisfactory satisfactory environment and environment and the desirability of the desirability of maintaining maintaining continuity continuity

The The BIGBIG One One Any evidence of DV, child abuse, or Any evidence of DV, child abuse, or

child neglect in the proposed custodial child neglect in the proposed custodial household or a history of violence household or a history of violence between the parentsbetween the parents– Expert testimony about behavior may be Expert testimony about behavior may be

important– on the nexus of past violence to important– on the nexus of past violence to current concerning behaviorcurrent concerning behavior

– Borchegrevink v. Borchegrevink, State v. Borchegrevink v. Borchegrevink, State v. A.H.A.H.– effects of DV on children, link – effects of DV on children, link between past abuse and future conductbetween past abuse and future conduct

– Point out that allowing your child to witness Point out that allowing your child to witness DV is grounds for a child in need of aid caseDV is grounds for a child in need of aid case

AS 47.10.011AS 47.10.011

Sexual Abuse Sexual Abuse AllegationsAllegations Child should have a Child should have a

forensic exam at a forensic exam at a Child Advocacy CenterChild Advocacy Center

Therapy for the child Therapy for the child perhaps? perhaps?

These cases should be These cases should be approached cautiouslyapproached cautiously

Expert testimony may Expert testimony may be necessary be necessary depending on the depending on the results of the examresults of the exam

The Final Two FactorsThe Final Two Factors

Evidence that substance abuse by Evidence that substance abuse by either parent or other members of either parent or other members of the household directly affects the the household directly affects the emotional or physical well-being emotional or physical well-being of the childof the child

Other factors that the court Other factors that the court considers pertinentconsiders pertinent

Other FactorsOther Factors

Keep siblings Keep siblings together. together. Nichols Nichols v. Nicholsv. Nichols, 516 , 516 P.2d 732 (Alaska P.2d 732 (Alaska 1973); 1973); McQuade McQuade v. McQuadev. McQuade,, 901 901 P.2d 421 (Alaska P.2d 421 (Alaska 1995)1995)

Applying the FactorsApplying the Factors

Custody cases Custody cases are fact-intensiveare fact-intensive

Each factor Each factor importantimportant

Each factor must Each factor must be factually be factually developeddeveloped

Small Breakout Small Breakout Session:Session:

Which parent would Which parent would get custody and why?get custody and why?

VisitationVisitation

Presumed that Presumed that unsupervised unsupervised visits are in child’s visits are in child’s best interestsbest interests– May be overcome May be overcome

by showing risk of by showing risk of abduction. abduction. Monette v. HoffMonette v. Hoff, , 958 P.2d 434 958 P.2d 434 (Alaska 1998)(Alaska 1998)

Possible Limits on Possible Limits on VisitationVisitation

Transfer in a protected settingTransfer in a protected setting Supervised; offender pays costSupervised; offender pays cost Counseling or rehabilitation programCounseling or rehabilitation program Drug and alcohol-freeDrug and alcohol-free No overnight visitsNo overnight visits Offender pays bond to courtOffender pays bond to court Any other necessary conditionAny other necessary condition

AS 25.24.150(g)-(k)AS 25.24.150(g)-(k)

Creates a “Rebuttable Creates a “Rebuttable Presumption” that a parent who Presumption” that a parent who has a “history of domestic has a “history of domestic violence” should not be given violence” should not be given sole/joint legal or primary or joint sole/joint legal or primary or joint physical custody of a childphysical custody of a child

““History of Domestic History of Domestic Violence”Violence” One incident of One incident of

domestic domestic violence that violence that caused serious caused serious physical injuryphysical injury

More than one More than one incident of incident of domestic domestic violenceviolence

In which scenario would a In which scenario would a judge most likely apply the judge most likely apply the rebuttable presumption?rebuttable presumption?

a)a) Josh controls all the money in the Josh controls all the money in the family. He never lets Amy go family. He never lets Amy go anywhere without him. One time he anywhere without him. One time he said he would kill her and no one said he would kill her and no one would ever find her body.would ever find her body.

b)b) Josh punched Amy in the face leaving Josh punched Amy in the face leaving a bruise that went away after a few a bruise that went away after a few days.days.

c)c) While outside, Josh pushed Amy While outside, Josh pushed Amy backwards into the garage door. Then backwards into the garage door. Then he punched out the passenger window he punched out the passenger window in their car.in their car.

d)d) Josh stabs Amy in the leg with a knife, Josh stabs Amy in the leg with a knife, leaving a permanent scar. leaving a permanent scar.

To “Rebut” the To “Rebut” the PresumptionPresumptionthe Batterer Must Show by the Batterer Must Show by a Preponderance of the a Preponderance of the Evidence:Evidence: Successfully completed a batterer’s Successfully completed a batterer’s

program or whatever program the court program or whatever program the court orders them to (if a program is “reasonably orders them to (if a program is “reasonably available”);available”);

They do not engage in substance abuse;They do not engage in substance abuse; Awarding custody to the batterer is in the Awarding custody to the batterer is in the

child’s best interests. See, child’s best interests. See, Stephanie F. v. Stephanie F. v. George CGeorge C. and . and Weinberger v. Weinmeister.Weinberger v. Weinmeister.

If They Don’t “Rebut” If They Don’t “Rebut” the the PresumptionPresumption Court can only give supervised visitation Court can only give supervised visitation

AND only if they participate in a AND only if they participate in a batterer’s program and a parenting batterer’s program and a parenting programprogram

Unsupervised visitation may only be Unsupervised visitation may only be allowed if the batterer has completed a allowed if the batterer has completed a substance abuse program, is not abusing substance abuse program, is not abusing substances, does not pose a danger of substances, does not pose a danger of mental or physical harm to the child, and mental or physical harm to the child, and “best interests” require it.“best interests” require it.

If Both Parents have a If Both Parents have a History of Domestic History of Domestic

ViolenceViolence Custody to the Custody to the

parent less likely parent less likely to continue to continue violenceviolence

Custodial parent Custodial parent does treatment does treatment programprogram

If neither parent is If neither parent is fit, can give child fit, can give child to a third partyto a third party

Final Notes on CustodyFinal Notes on Custody

AS 25.20.060(d) allows AS 25.20.060(d) allows confidentiality of addresses/phone confidentiality of addresses/phone numbers for parent/child if DV numbers for parent/child if DV involvedinvolved

Grandparents may petition for Grandparents may petition for visitation. AS 25.20.065 (but court visitation. AS 25.20.065 (but court may choose not to grant if contrary may choose not to grant if contrary to the best interests of child and to the best interests of child and history of domestic violence is to be history of domestic violence is to be considered)considered)

More Final NotesMore Final Notes

Parents favored over non-parents Parents favored over non-parents in custody case. in custody case. Buness v. GillenBuness v. Gillen, , 781 P.2d 985 (Alaska 1989) 781 P.2d 985 (Alaska 1989) Unfitness of bio parent must be Unfitness of bio parent must be proven by clear and convincing proven by clear and convincing evidence.evidence.

Damages for failure to permit Damages for failure to permit visitation. AS 25.20.140visitation. AS 25.20.140

Custody and Visitation Custody and Visitation is is ALWAYS Modifiable!ALWAYS Modifiable! Must show that there has been a Must show that there has been a

substantial change in circumstancessubstantial change in circumstances And that the modification is in the And that the modification is in the

child’s best interests (going back child’s best interests (going back through the factors)through the factors)

Lesser standard on change of Lesser standard on change of circumstances for visitation versus circumstances for visitation versus custodycustody

Upcoming… Informal Upcoming… Informal Trials in Dom Rel Trials in Dom Rel Cases Cases Civil Rule 16.2 – effective 4/15/15Civil Rule 16.2 – effective 4/15/15

– ““Opt in” systemOpt in” system– No formal rules of evidence No formal rules of evidence

Hearsay comes inHearsay comes in

– Limited use of witnesses Limited use of witnesses Usually just the parties Usually just the parties

– Judge questions parties directlyJudge questions parties directly No cross examinationNo cross examination

Informal Trials in Dom Informal Trials in Dom Rel Cases continued….Rel Cases continued…. Attorney role in informal trial Attorney role in informal trial

– ““Coach” Coach” – Help party get organizedHelp party get organized– Attend trialAttend trial– Act as advisorAct as advisor– Suggest questions to judge Suggest questions to judge – Opening/closing remarksOpening/closing remarks

Informal Trials in Dom Informal Trials in Dom Rel Cases continued….Rel Cases continued…. What stays the sameWhat stays the same

– No effect on mandatory disclosures and No effect on mandatory disclosures and discovery processdiscovery process

– Same pretrial deadlines as alwaysSame pretrial deadlines as always Witness listsWitness lists

– But more offer of proof needed for non-party But more offer of proof needed for non-party witnesses witnesses

Exhibits exchangeExhibits exchange

– Parties or attorneys may question Parties or attorneys may question experts directly experts directly

ECONOMIC ECONOMIC JUSTICE!JUSTICE!

Property and AlimonyProperty and Alimony

““Marital Marital Property” Property” equitably equitably distributeddistributed

Alimony (spousal Alimony (spousal support) support) disfavoreddisfavored

Three-step ApproachThree-step Approach

Classification: is the property marital?Classification: is the property marital? Valuation: what is the value or the Valuation: what is the value or the

property?property? Division: who gets the property? Division: who gets the property?

50/50 presumed equitable unless 50/50 presumed equitable unless MerrillMerrill factors argue for different split factors argue for different split

Invasion (optional): court may invade Invasion (optional): court may invade separate property if requiredseparate property if required

ClassificationClassification

Is the property “marital” or separate”?Is the property “marital” or separate”? Presumed “marital” if Presumed “marital” if acquiredacquired during during

marriage and before final separation, marriage and before final separation, regardless who has actual titleregardless who has actual title

Presumed marital if acquired during Presumed marital if acquired during temporary separation. temporary separation.

Separation = usually when the parties Separation = usually when the parties stop acting like an economic unitstop acting like an economic unit

Classification: Marital Classification: Marital PropertyProperty ExceptionsExceptions

– Gifts to one Gifts to one spouse are spouse are “separate”“separate”

– Inheritances are Inheritances are “separate”“separate”

– Native allotments Native allotments are “separate” are “separate”

Classification: Classification: “Separate” Property“Separate” Property Presumed “separate” if acquired Presumed “separate” if acquired

before marriage or after separationbefore marriage or after separation– Exception: pre-marital property can be Exception: pre-marital property can be

“transmuted” into “marital” property“transmuted” into “marital” property But court may consider pre-marital But court may consider pre-marital

activities when it fairly allocates activities when it fairly allocates propertyproperty

Classification: Classification: MiscellaneousMiscellaneous

Torts damages: depends on whether Torts damages: depends on whether they compensate for marital or they compensate for marital or separate property (compensatory or separate property (compensatory or punitive damages)punitive damages)

Professional degrees are not “marital”Professional degrees are not “marital”– Non-degree holder’s contribution may be Non-degree holder’s contribution may be

considered when court distributes considered when court distributes propertyproperty

Business “goodwill” may be “marital”Business “goodwill” may be “marital”

Hot Tips!Hot Tips!

Have client use the FLSHC property Have client use the FLSHC property spreadsheet to list all the property for spreadsheet to list all the property for you at outset (see attached example)you at outset (see attached example)

At separation, take names off joint At separation, take names off joint credit cards. Assume responsibility if credit cards. Assume responsibility if there are cards in client’s name.there are cards in client’s name.

At separation, can take out 50% of At separation, can take out 50% of liquid assets but document and safety liquid assets but document and safety plan!plan!

The Second Step: The Second Step: ValuationValuation

Value property at Value property at date of trialdate of trial Use fair market value if possibleUse fair market value if possible Consider any associated debtConsider any associated debt

Valuation Brainstorm!Valuation Brainstorm!

The Third Step: The Third Step: DistributionDistribution Property has been Classified and Property has been Classified and

ValuedValued Court divides the property by Court divides the property by

applying the applying the MerrillMerrill factors factors

Distribution: A Few Distribution: A Few NotesNotes 50/50 split is 50/50 split is

presumptively presumptively validvalid

But court must But court must still apply factorsstill apply factors

Alaska Supreme Alaska Supreme Court has upheld Court has upheld 70/30 split70/30 split

Merrill Factors: Nine Merrill Factors: Nine Minus TwoMinus Two Two factors correspond to Two factors correspond to

Classification and ValuationClassification and Valuation Codified at AS 25.24.160Codified at AS 25.24.160

AS 25.24.160AS 25.24.160

Length of Length of marriage and marriage and station in life of station in life of the parties the parties during the during the marriagemarriage

Age and health of Age and health of the partiesthe parties

AS 25.24.160 (cont.)AS 25.24.160 (cont.)

Earning capacity of the parties, including Earning capacity of the parties, including their educational backgrounds, training, their educational backgrounds, training, employment skills, work experiences, employment skills, work experiences, length of absence from the job market, length of absence from the job market, and custodial responsibilities for children and custodial responsibilities for children during the marriageduring the marriage

Financial condition of the parties, Financial condition of the parties, including the availability and cost of including the availability and cost of health insurancehealth insurance

AS 25.24.160 (cont.)AS 25.24.160 (cont.)

Conduct of the parties, including Conduct of the parties, including whether there has been unreasonable whether there has been unreasonable depletion of marital assetsdepletion of marital assets– But property to be divided “without But property to be divided “without

regard to which of the parties is in fault.” regard to which of the parties is in fault.” AS 24.24.260(a)(4)AS 24.24.260(a)(4)

– ““Fault” defined as moral or legal Fault” defined as moral or legal misconduct that leads to breakdown in misconduct that leads to breakdown in marriage. marriage.

AS 25.24.160 (cont.)AS 25.24.160 (cont.)

Desirability of awarding the Desirability of awarding the family home, or the right to live in family home, or the right to live in it for a reasonable period of time, it for a reasonable period of time, to the party who has primary to the party who has primary physical custody of childrenphysical custody of children

Circumstances and necessities of Circumstances and necessities of each partyeach party

Distribution: Distribution: MiscellaneousMiscellaneous Wasting marital assets after Wasting marital assets after

separationseparation Selling marital property after Selling marital property after

separation: not necessarily separation: not necessarily prohibitedprohibited

Payment of marital debts after Payment of marital debts after separationseparation

The Fourth The Fourth (optional)(optional) StepStep INVASIONINVASION Court may “invade” separate Court may “invade” separate

propertyproperty But only if the invasion is But only if the invasion is

necessary to equitably distribute necessary to equitably distribute the propertythe property

Two Exceptions to the Two Exceptions to the “Equitable Division” “Equitable Division” StandardStandard Rescission for a short-term Rescission for a short-term

marriage. marriage. Rose v. RoseRose v. Rose, 755 P.2d , 755 P.2d 1121 (Alaska 1988)1121 (Alaska 1988)– Parties must maintain separate Parties must maintain separate

economic identitieseconomic identities– No commingled fundsNo commingled funds

Exceptions (cont.)Exceptions (cont.)

Prenuptial/Prenuptial/Postnuptial Postnuptial agreementsagreements– Allowed, but Allowed, but

standard contract standard contract principles may not principles may not applyapply

party’s conduct may party’s conduct may mattermatter

fairness of the fairness of the agreement at the time agreement at the time of enforcement may of enforcement may mattermatter

HOT TIP!HOT TIP!

Let clients know that domestic Let clients know that domestic violence generally doesn’t affect violence generally doesn’t affect the division of property unless it the division of property unless it can come in through one of these can come in through one of these factors. factors.

If this leads to an outrageous If this leads to an outrageous result, consider tort case?result, consider tort case?

Alimony or Spousal Alimony or Spousal SupportSupport Generally Generally

disfavoreddisfavored 4 types4 types

– PermanentPermanent– InterimInterim– RehabilitativeRehabilitative– ReorientationReorientation

Permanent AlimonyPermanent Alimony

Property distribution favored over Property distribution favored over permanent alimonypermanent alimony

Terminates if the recipient spouse Terminates if the recipient spouse marriesmarries

Interim AlimonyInterim Alimony

In effect only during pendency of In effect only during pendency of casecase

Protects recipient from being Protects recipient from being disadvantaged during casedisadvantaged during case

Payor not entitled to credit when Payor not entitled to credit when property is distributed (this property is distributed (this includes alimony in a protection includes alimony in a protection order!)order!)

Rehabilitative AlimonyRehabilitative Alimony

Property distribution not favored Property distribution not favored over this type of alimony. over this type of alimony. Bays v. Bays v. BaysBays, 807 P. 2d 482 (Alaska , 807 P. 2d 482 (Alaska 1991)1991)

Enables recipient to pursue job Enables recipient to pursue job training, etc., to increase earning training, etc., to increase earning capacitycapacity

Reorientation AlimonyReorientation Alimony

Short-term, i.e.< 1 yearShort-term, i.e.< 1 year Allows recipient to adjust to lower Allows recipient to adjust to lower

post-divorce incomepost-divorce income Favored over permanent alimony, Favored over permanent alimony,

but still disfavored to property but still disfavored to property distributiondistribution

May be combined with May be combined with rehabilitative alimonyrehabilitative alimony

Alimony and Federal Alimony and Federal LawLaw Alimony not Alimony not

dischargeable in dischargeable in bankruptcybankruptcy

Taxable to Taxable to recipient/deductirecipient/deductible for payorble for payor

HOT TIP!HOT TIP!

Help clients to have a plan…Help clients to have a plan… If they are trying to get rehabilitative If they are trying to get rehabilitative

alimony, make budget for living alimony, make budget for living expenses, school tuition and present expenses, school tuition and present plan to judge.plan to judge.

If they need reorientation alimony, If they need reorientation alimony, make budget and show shortfall – will make budget and show shortfall – will also have to show opposing party’s also have to show opposing party’s budget can afford.budget can afford.

Domestic PartnershipDomestic Partnership

Property division based on express or Property division based on express or implied intent of the parties (joint implied intent of the parties (joint financial dealings, held themselves out financial dealings, held themselves out as h/w, jointly improved property, etc.) as h/w, jointly improved property, etc.)

Not based on general principles of Not based on general principles of divorce lawdivorce law

Written agreements highly Written agreements highly recommendedrecommended

Discovery Discovery

Discovery = the toolbox for Discovery = the toolbox for getting the facts!getting the facts!

Mandatory disclosure of Mandatory disclosure of information – 45 days after the information – 45 days after the answer in divorce cases (Civil Rule answer in divorce cases (Civil Rule 26.1)26.1)

Depositions to appear and/or Depositions to appear and/or produceproduce

Interrogatories Interrogatories Requests for ProductionRequests for Production

Hot Tips!Hot Tips!

Clients shouldn’t settle until they Clients shouldn’t settle until they know the answers to important know the answers to important factual issues in their case - seek factual issues in their case - seek discovery early on. discovery early on.

Don’t wait for the other party to Don’t wait for the other party to provide initial disclosures under provide initial disclosures under Rule 26.1. Get yours out and Rule 26.1. Get yours out and then move to compel if need be. then move to compel if need be.

QUESTIONS??QUESTIONS??