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Ray
Ray, Lawyer
Category: Legal
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Experience:  29 years in civil, probate, real estate, elder law
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Florida. Need advise on objection to a request for production

Customer Question

Florida. Need advise on objection to a request for production on a bank account garnishment. Most of the items requested, such as tax returns, are not relevant to the issue. Thanks
Submitted: 4 years ago.
Category: Legal
Expert:  Ray replied 4 years ago.
You would be better off here transferring accounts out of your name here.Otherwise court may require you to provide account numbers.You can request in camera inspection here of the funds held in the account.Make sure that you keep your objections to discovery here separate from objections about say garnishment here.

If you are claiming they are exempt likely you have to produce the supporting information for in camera inspection here.And you need to keep in mind here that what they are asking for does not have to be relevant only that it is calculated to lead ot relevant information.There is a difference here between whether court makes you produce it and whether court considers it exempt.Make sure you understand the rules here concerning discovery.

They are much more liberal here as far as information to be produced and whether court considers assets to be exempt.Its possible they order you to produce account information but yet rule that such accounts are indeed exempt..Its just apples and oranges about whether information is discoverable and whether they can say levy on it.Just understand you might loose on the one point but prevail overall and the accounts are ruled off limits.

Reference ot scope of discovery..

(b) Scope of Discovery. Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows:

(1) In General. Parties may obtain discovery regarding any matter, not privileged, that is relevant to the subject matter of the pending action, whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.




Edited by RayAnswers on 3/1/2010 at 5:30 AM EST
Ray, Lawyer
Category: Legal
Satisfied Customers: 29097
Experience: 29 years in civil, probate, real estate, elder law
Ray and 14 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
Thanks, Ray. The relevant info here I needed to understand was the scope of discovery. That they can ask for information that is of itself not relevant but may lead to relevant info is key. I really have no objection to giving them the info, and as I am essentially judgment proof it won't help them. Thanks!
Expert:  Ray replied 4 years ago.
good luck to you here

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