Q: I’m self representing my case in family law and have no family law background. I’m an MBA. I have to deal with this
Wacky , vexatious litigator as opposing counsel. She filed an IAH on me without telling them I am self representing . She also failed to provide me evidence I requested in discovery prior to filing this injunction as she’s trying to deprive me my constitutional right to write as a noted author online about my case. Isn’t this a reason this wack job should recuse herself? How am I supposed to get evidence for discovery , even to the Motion to compel . No evidence !
A:
I can understand your frustration, but frankly nothing you provided sounds unusual. You do not have a constitutional right to publish information about a family law case. Family courts regularly seal records to prevent dissemination of sensitive information. This is explicitly allowed by the Arizona Rules of Family Law Procedure (and has been upheld on appeal). Whether it's also grounds for an injunction against harassment, I can't speculate.
When the other party isn't answering discovery your options are to compel the answers and production or to use alternative means to obtain the information you need from another source. It isn't clear exactly what information you seek, but you may be able to use subpoena power to obtain some or all of it from whomever maintains the information. If it's possessed exclusively by the opposing party, you will need the court to compel the production for you, but you should carefully consult the rules of family law procedure because if your motion is unsuccessful for any reason you will likely be ordered to pay the opposing party's attorney's fees.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
