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I need documents from my ex in for our timeshare modification. Would I use the following form?

Century, FL |

I need copies of his time cards and phone records. Would I use 12.931 Forms A & B (Notice of production from a nonparty and Subpoena for Production of Documents from Nonparty) and is this for a nonparty because he does not maintain those records? I wouldn't have to contact his employer with the subpoena would I?
Also, on the notice (form a) it states that it is "directed to {name of person, organization, or agency} _________________, who is not a party"
Who would I list here? His employer and phone provider?
I know I am getting in over my head but I cannot afford an attorney :(

Attorney Answers 1

Posted

Yes, this information would require a subpoena from a nonparty. First, however, you must provide notice of the attached supboena and give the other party 10 days time to object. Otherwise you can have the clerk issue the subpoena and submit it to the nonparty. The nonparty is the person you are trying to get information from (i.e. Verizon, Sprint - for phone records).

You could also do a request for production and send it to him.

Note that if this is a modification proceeding, then he is required under Florida Family Law Mandatory Disclosure to disclose his pay to you without subpoena.

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