How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111654
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

My ex has possession of prescriptions that I accidentally

Customer Question

My ex has possession of prescriptions that I accidentally left behind from the home I moved from. He has entered information about the medications as evidence in a modification. As I understand it, he can't do this without my permission. Also, he did not inform me that they were left behind and he has made no attempt to contact me to let me know that he had them nor has he made an attempt to return them to me. If he has disposed of them is that an issue as well?
Submitted: 1 year ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you left the prescriptions behind when you moved, he must turn them over to you. However, that does not mean he cannot read what they are and document them, since he had lawful access to those being in his home and you left them. So you can object to him listing them on the court motions and ask for a court order of protection to remove the personal health information. Then it is up to the court to either remove the information from it completely or to seal the record so it is not able to be viewed by the public. If he disposed of them, then he destroyed your property and you can sue him for the value of replacing the medications as he was liable to return your property to you, not destroy it.

Customer: replied 1 year ago.
Thank you for your response. I have one other question. There is a motion to compel for discovery against him, he did not provide all the discovery as I know firsthand that documents are missing. There has been an additional motion to compel and sanctions filed. Don't I need all discovery to fully be informed to move forward on a hearing and what happens now that he was compelled and didnt produce and now is compelled further with possible sanctions.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If he does not supply the information, then the penalty for his failure to comply with the motion to compel would be he cannot introduce the evidence in court at all. So if he cannot use the evidence in in court then he could not use it to prove his case. The court can also make him pay your costs and attorney's fees for his conduct.

Customer: replied 1 year ago.
Would we not need our discovery to pursue moving forward with a hearing? There is a hearing in a couple of days, motions sent out twice last week for compliance. How do we proceed with a hearing if we do not have the proper discovery to pursue our case would be my question.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If he has not produced the information, one sanction could be that he loses the hearing because of refusing to comply with discovery.

Customer: replied 1 year ago.
Does noncompliance usually put a hearing in continuance if it is just a couple of days away. Large amount of discovery that is missing and being compelled will need to be reviewed and will take more time than we have to review before going into hearing.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, non-compliance would put the hearing on a continuance and if he is found in contempt of the order to compel, then you can ask the court for default judgment in your favor based on his non-compliance with the discovery.

Customer: replied 1 year ago.
one more question, if the opposing party has not contacted us the require 48 hours before hearing for a stipulation meeting are they in violation of the procedure of modification.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

Yes, they are in violation and you would add that into the long lists of other violations they keep committing.

Customer: replied 1 year ago.
This is my last question I promise. What if I choose to release my counsel based on the fact that they are not prepared, nor have then been proactive in preparing for the case. What happens?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

If you release your counsel at the last minute, the court could force you to go pro se without an attorney, which is not a good thing in these cases. If you are going to get rid of your attorney, line up another one to step in first, because typically if you have another attorney stepping in they can get a continuance where you would not. Also, I do not know why you would want to delay this, I would want to get to court and have your ex not submit things the court has ordered him to submit and then move the court for a default judgment based on his failure to comply with court orders and a sanction for not providing the documents. The more time you give him the more time he has to comply.

Customer: replied 1 year ago.
Well because we wont have time to over the discovery and their MO is produce it last minute. Also we have motioned for a GAL and that has yet to be ruled on.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

That is fine, I was just saying you need to pursue the issue of him not producing the documents as required and seeking the sanctions, which can include a default judgment in your favor and you need an aggressive attorney to pursue him with that and if you are going to dismiss your attorney, make sure you have a replacement attorney in position first.

Customer: replied 1 year ago.
I am sorry but I have one more question. The respondents attorney did not do a pretrial conference as required. What actions can be taken and does that have an effect on the hearing proceeding?
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your reply.

You can file a motion for a pretrial conference and ask for a continuance if one was not done as required.