Is a respondent entitled to "discovery" on petitioner, if they have not filed a response (is in default, but a default has not been filed).I...

Question

Is a respondent entitled to "discovery" on petitioner, if they have not filed a response (is in default, but a default has not been filed).

If so, is requesting "discovery" still valid if it is NOT done on a "pleading paper"?

Should petitioner reply on "pleading paper" even though discovery was requested on plain paper?

Answer

A responding party can serve discovery even though they have not yet filed a response. If their time has run, you need to have the court enter their default. But the general rule is that the status of the pleadings is not an excuse to avoid discovery.

Discovery can be on forms, or on pleading paper. Your responses should be in the proper format, on the proper paper, even though you are representing yourself.