Tucson, AZ asked in Family Law and Child Custody for Arizona

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 !

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1 Lawyer Answer
Jay Hall
Jay Hall
Answered
  • Divorce Lawyer
  • Scottsdale, AZ
  • Licensed in Arizona

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.

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