UCCR 8.05 TWEAKED AGAIN
August 10, 2011 § Leave a comment
The Supreme Court’s Rules Committee is soliciting your comments on proposed changes to UCCR 8.05. The change would add this language:
The disclosures shall include any and all assets and liabilities, whether marital or non-marital. A party is under a duty to supplement prior disclosures if that party knows that the disclosure, though correct when made, no longer accurately reflects any and all actual income and expenses and assets and liabilities, as required by this Rule.
The change addresses both the Trim case non-disclosure of assets problem and the duty to supplement.
As I’ve said before, many cases are plagued by incomplete and woefully inadequate 8.05 statements. Often, the statement offered is months old. Maybe this rule change will be a cure. But then again, I am an eternal optimist, even when reality does not justify it.
You can find the proposed new rule here. Deadline for comments is September 6.