If Defendant responded to discovery request with objections and I file motion to compel, when court will support the Defendant that documents are not admissible? Defendant claims repaying me and giving me extra money so that I owe her. Is her tax return and proof of income relevant to discovery.
Some answers indicate that proof of income is not relevant. She is claiming repaying me in form of cash in excess of amount owed wihout bank records. Does she need to prove that she had the money to repay in form of earned wages or bank saving? What is purpose of discovery? On my behalf, I have tangible records of giving her the money.
It maybe relevant. It may also be private financial information that they will object to providing. Something is relevant in discovery if the actual information is relevant or it may lead to other relevant information.
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Probably not. The judge could do an in chambers review of tax return to see if it contains anything that could lead to relevant evidence. Also tax returns are privileged except if it is against some public policy, like providing child support.
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Robert J. Suhajda, MS,CPA
17721 Norwalk Blvd. #43
Artesia, CA 90701
Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.
Probably not relevant until you have a judgment and need to collect on it.
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