Can I get discovery from my separate spouse's husband directly from his company since he is not producing?

Asked 5 months ago - Palm Beach, FL

My Ex husband lives in Florida and works there as a pain doctor. We had two homes, and I live in Calif. He didn't produce asset information accurately. I've tried to subpoena in pro per his doctor partners, and custodian of records, and they won't respond to a Calif Subpoena. What do I do to get asset and earning information from his medical practice? He's a 33% partner. Do I file a lawsuit in Fl, and hire a Florida attorney?

Attorney answers (4)

  1. Daniel A. Bachert

    Contributor Level 14

    2

    Lawyers agree

    1

    Answered . You would need to comply with Florida's version of the Uniform Foreign Deposition Law, Fla, Stat. 92.251 to have your subpoena be valid in Florida. Basically, your subpoena is issued by a Florida Circuit Court Clerk and enforcing the same once issued can be done under Florida law just as any other domestic request to produce could be enforced. The procedure for obtaining the issuance of the subpoena can differ by county as each clerk is free to implement and adopt their own, so contacting the clerk in the county where you would like the subpoena to be issued and enforceable would be the first step.

    Sincerely,

    Daniel Bachert, Esq.
    The Bachert Law Firm, P.A.
    330 Clematis Street, Suite 222
    West Palm Beach, Florida 33401
    (561) 653-3951
    Palm-Beach-Divorces.com

    Please be aware and advised that this public forum is designed to provide only general information, to give you a... more
  2. Robert Jason De Groot

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . You are trying to do this yourself? That is not a good idea. The court in CA only has jurisdiction over him. So, you have to get the information from him pursuant to the discovery techniques available in CA.

    R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I... more
  3. William Charles Rosenfelt

    Contributor Level 20

    Answered . Agreed--you need to retain counsel to help you week through this quite challenging scenario. Good luck.

    Please be advised that any answers or information disseminated above do not constitute legal advice and that the... more
  4. David L. Hirsch

    Pro

    Contributor Level 9

    Answered . Yes, but everyone's comments are right on. You are in technical waters with compliance with Florida's version of the Uniform Foreign Deposition Law, Fla, Stat. 92.251 to have your subpoena be valid in Florida. Get a quality lawyer to work you way through this.
    This response is not intended to be legal advice and is offered as general educational information only and should not be relied upon by any individual as legal advice. For legal advice you should employ the services of a qualified experienced family law attorney practicing in the jurisdiction where you matter is or will be pending. The hiring of an attorney is a serious matter and you should not merely rely upon advertisement. Please contact our office and ask for our credentials or check out our web sites for fort Lauderdale family law at www.bhalaws.com and for Broward personal injury law at www.bhapalaws.com

    DISCLAIMER STATEMENT FOR ANYONE READING THIS BLOG OR QUESTION POSERS ON AVVO: The response to questions... more

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