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I need to do discovery on my separated husband whose company is in Florida. The venue for the divorce is California. How?

Boynton Beach, FL |

He won't produce loan applications, pay stubs, or simple preliminary disclosures, he does some, but not the important things. He makes $1 million a year, and has substantial assets in LLC's. What mechanisms are there for discovery in Palm Beach County, Florida, can I implement? Do I need to file a Florida complaint or is there other ways? I've tried subpoena's but the lawyer for the company says, they are Calif subpoenas and he isn't required to participate.

Attorney Answers 3


You need to hire an attorney in CA, and you may need to hire one in FL.

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.

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That's all you ever say. I'm surprised you are allowed here on this site. It's not helpful. It does not assist people. There is enough legal business out there for complicated cases. You make the argument that all lawyers want is money, money, money, and could care less about their clients. This is not that difficult of a question for a seasoned lawyer to answer and I'd likely consult with the lawyer that gives me confidence they know about this subject. Not all lawyers know this subject. It's easy to separate out the good lawyers by the way they answer these queries by the public. You can identify the lawyers with a generosity of spirit, or the lawyers that are withholding and have other negative attributes. I'm giving you feedback. I hope you have the ability to take this in.


Yes. You need to file an action in Florida for the sole purpose of issuing a Florida subpoena. That subpoena will have the force of law and cannot be ignored. It is true that a California subpoena has no force outside of California. Then your Florida lawyer should take the deposition of the Florida representative of the LLC or corproation. Your California lawyer should work in conjunction your Florida lawyer. The California court should appoint the Florida court reporter as a comminssioner so that the transcript of the deposition can be introduced into evidence in the California proceeding. Of course your California lawyer could come to Florida to take the deposition but that might be too costly. This sounds more complicated than it is but you will probably needa Florida lawyer to sort through this.

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I agree with my colleagues, however another approach might be to get the court in California to order your Husband to produce the documents, and if he does not comply with that order, ask the California court to impose monetary or other sanctions, such as contempt, striking of pleadings and/or defenses, or dismissing his petition or counter-petition, entering a default, or deeming certain matters admitted. The seemingly simpler and less expensive process is having subpoenas issued by a Florida court, but I have seen instances where motions for protective order get filed and you end up litigating discovery issues in a foreign jurisdiction-in this case, Florida.

This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.

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