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?
Criminal Defense Attorney
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 make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
2 lawyers agree
Divorce / Separation Lawyer
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.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
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2 lawyers agree
Divorce / Separation Lawyer
Agreed--you need to retain counsel to help you week through this quite challenging scenario. Good luck.
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Family Law Attorney
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.
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