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  1. #1
    Join Date
    Nov 2011

    Default How to Subpoena the Opposing Party's Withdrawn Counsel

    My question involves court procedures for the state of: Florida . What is the procedure for Subpoena on OP withdrawn counsel.
    1. Supplemental Petition to Modify MSA filed July 2011. OP counsel answered within 20days. However, did not provide mandatory disclosure. Fl rule gives for 45 days from summons date to comply under Civil Rule 12.285.
    2. Sent 2 written request to OP counsel to comply with MDD. Filed copies with Clerk of Court. " Florida court requires 2 attempts to be made directly to OP and Counsel before court involved"
    3.Filed Motion to Compel, judge granted and gave OP/counsel 15 days to comply. Which did not happen.
    4. Filed Motion for Contempt and Motion for Sanctions. OP counsel withdrew, due to irreconsilable differences, judge dismissed Sanctions and gave OP another 15 days to comply. Which did not happen.
    5. Filed 2nd Motion for Contempt and awaiting hearing.
    In the mean time I have been advised here to Subpoena OP counsel to show proof of non compliance. Finding it hard to decipher rules for process. Any help would be appreciated!!
    I Looked under Civil Procedure 1.410(c) and Rule 1.080(b).. Just not confident enough and need more insight. Thanks...this is for you CMRE!!

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to Subpoena the Opposing Party's Withdrawn Counsel

    You state that the attorney withdrew. What makes you think that you can obtain anything from him that's not protected by attorney-client privilege?

    If the formerly represented opposing party is not complying with the court's orders, you can address that with the court at the hearing for your pending motion.

  3. #3
    Join Date
    May 2011

    Default Re: How to Subpoena the Opposing Party's Withdrawn Counsel

    To go back to the beginning, she has been trying to get financials to get an adjustment in alimony or child care - forget which. The OP has stonewalled, even ignoring court orders.

    For a while that OP had an attorney who abruptly withdrew, but who should have had and should have given to the court those financials. The court had ordered them.

    I'm not convinced that the financials are privileged for several reasons. Actually, I don't think they are, and I think they are "owed" to the court.

    The goal is to subpoena the financials from that attorney, if only to get him to state that he never got them. We are trying to add fuel, to show the court that even the OP's attorney couldn't get them. (That's probably why he withdrew.) I think the attorney withdrew to avoid the risk of being held in contempt for not complying in turning over docs he didn't have. Perhaps he was also frustrated with the client. This would add fuel in asking for sanctions against the OP.

    The attorney wouldn't necessarily be subpoenaed. More important is to subpoena those docs from him to get him to answer that he never got them.

    How do you do that? You send a request for discovery or better yet at this late date subpoena the actual docs. Being pro se, that request may have to be signed by the clerk.

    Again, all you really want is a statement from that attorney that he couldn't get the financials either.

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