W.C. v. J.H., et al.
- W.C. Plaintiff and Appellant
J.H. and T.H., Defendants and Appellees
- Case Type
- CIVIL APPEAL : PATERNITY
- Appeal From
Case No. 2018-DM-00097
North Central Judicial District, Ward County
Stacy Joan Louser
Parties' Statement of Issues
A. The district court abused its discretion by determining the Petitioner/Appellant, W.C., was not entitled to obtain any discovery from Respondent/Appellee J.H. including, but not limited to, interrogatories, requests for admission, document productions or her deposition and not entitled to obtain supplemental discovery from Respondent/Appellee T.H., effectively depriving him of his right to a fair hearing.
W.C. appeals from a district court order denying his petition to adjudicate paternity, residential responsibility, decision making responsibility, parenting time and child support.
W.C. alleges he is the father of a child born to J.H. in November 2013. W.C. and J.H. commenced a romantic relationship in late 2012 while J.H was married to T.H. The couple divorced in June 2013. Because J.H. gave birth to the child within 300 days of her divorce T.H. is considered the presumed father pursuant to N.D.C.C. § 14-20-42.
On appeal, W.C. argues the district court abused its discretion by granting the motion to quash discovery and determining W.C. was not entitled to obtain discovery regarding financial or medical history from J.H. or T.H.
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||10/22/2018||NOTICE OF APPEAL|
|2||10/22/2018||ORDER FOR TRANSCRIPT : 10/26/2018|
|3||10/25/2018||Rec'd $125 filing fee (receipt 26676)|
|4||10/26/2018||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||10/26/2018||Notice served on Aften M. Grant, John S. Steinberger Jr. and Tom P. Slorby|
|6||11/20/2018||ELEC. RECORD ON APPEAL DATED NOVEMBER 19, 2018 (ENTRY NOS. 1 - 86)|
|7||12/21/2018||ELECTRONIC TRANSCRIPT DATED 8-7-18 , 8-13-18 & C.O.S. & KEY|
|9||01/30/2019||E-FILED BRIEF (PDF)|
|11||01/30/2019||E-FILED APPENDIX (PDF)|
|12||02/04/2019||Rec'd 6 copies of ATB back from Central Duplicating|
|13||02/04/2019||Rec'd 6 copies of ATA back from Central Duplicating|
|14||02/04/2019||Rec'd $25 surcharge for ATB and ATA (Receipt #06880)|
|16||02/19/2019||NOTICE OF ORAL ARGUMENT SENT|
|17||02/19/2019||Rec'd 6 copies of AEB from Central Duplicating|
|18||02/19/2019||Rec'd $25 surcharge for AEB (receipt #26901)|
|20||03/01/2019||Rec'd 6 copies of RYB from Central Duplicating|
|21||03/19/2019||APPEARANCES: Aften M. Grant; John S. Steinberger, Jr.; Tom P. Slorby|
|22||03/19/2019||ARGUED: Aften M. Grant; John S. Steinberger, Jr.; Tom P. Slorby|
|23||03/19/2019||ORAL ARGUMENT WEBCAST|