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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.
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.
If he has not produced the information, one sanction could be that he loses the hearing because of refusing to comply with discovery.
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.
Yes, they are in violation and you would add that into the long lists of other violations they keep committing.
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.
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.
You can file a motion for a pretrial conference and ask for a continuance if one was not done as required.