How do I handle an objection from opposing counsel regarding my notice of production from non-party?

Asked almost 2 years ago - Tampa, FL

Family law case: I filed a notice of production of non-party in order I obtain records regarding a business my ex husband owns with his wife. His attorney has filed objections to these requests but has not indicated why thy object. How do I handle these objections? Also, how do I address the fact that opposing counsel is not sending me court documents that she is filing. She filed both objections but did not send me a copy of what was filed. I found out by searching the online court records. She has also sent a least 2-3 subpoena without sending me any notice at all.

Attorney answers (4)

  1. Clifford M. Miller

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . You need to ask the judge to rule on your wife's lawyer's objections. This involves getting a hearing date, depending upon the judge, this may mean telephoning the judge's judicial assistant or make an appointment online for hearing. Then you notice the objections for hearing.

    You need to file a motion addressing the failure to serve you with copies of files documents. Sanctions might include in order compelling the service of those documents on you, or striking those documents from the court record.

    You really need to have a lawyer representing you if you're running into these issues.

    This is a summary based on incomplete facts. You should not rely on it as legal advise. No attorney-client... more
  2. Robert Bruce Kopelson

    Contributor Level 20

    4

    Lawyers agree

    Answered . I dont know the law in Fla. Generally, getting recs from non party requires a subpena if you are trying to get them directly. Not of production requires a party to mproduce recs under their control. In Calif, if you object, you have to set forth objection grounds. Then the parties are to meet and confer to try to resole the issues. If unable to, the requesting party must file a motion to compel. There are time limits here for filing such motions.

    If you are atty of record for yourself, opp counsel may be reqd to send you copies of subpenaes. You should check with local counsel for advice on these procedures, and remedies for any improper conduct on the part of opp counsel.

  3. Nicholas C. Zales

    Contributor Level 13

    4

    Lawyers agree

    Answered . 1. Talk to the other attorney. That is the best way to deal with this kind of problem. Keep a record of your discussion.

    2. Filing documents with the court and not providing them to you is an ex parte communication which is prohibited in every state. I would write the judge and tell him/her that this is occurring and you want it to stop. Copy opposing counsel. Your goal here is to make sure the judge knows the other side is not playing fair.

  4. Thomas Anthony Sadaka

    Contributor Level 8

    1

    Lawyer agrees

    Answered . You should schedule a hearing on the Objection. If the information you seek is relevant to the case than you have grounds for requesting the information. There are a number of objections that the other side can forward but the judge will ultimately decide. At this point, you should try and retain counsel to assist you in this matter.

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