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Roger
Roger, Attorney
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Experience:  Litigation Attorney
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I need documents that are protected under a court order.

Resolved Question:

I need documents that are protected under a court order. They are relavent to an arbitration hearing, were referred to by a witness extensively, and when we asked for copies they were not provided. (They docs were not shown in the arb hearing at all) . WE did not subpoena them during arbitration. After the arb decision cam out and was horrible, huge judgment against me, we tried to subpoena the documents. The court quashed our subpoena and issued a protective order, saying they were 'confidential, trade secrets, sensitive financial info" even tho the motion for PO said none of that.
WE now have sen them, and they show perjury, conspiracy, fraud on the court (for requesting the PO, the atty used a known untrue statement) and are themselves evidence of extrinsic fraud. In asking for a vacating of the judgement against me, for fraud on the court and extrinsic fraud, can I refer to the fraudulently protected documents?
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.
If your appeal is pending, you should be able to subpoena the documents. Unfortunately, because you didn't have the documents at the trial, they likely will not be allowed to be considered on appeal. The only general exception is if documents were unknown/hidden/concealed.

If the documents are newly discovered, you have a valid claim to use the documents on appeal.
Customer: replied 4 years ago.
WE have an appeal pending but on an unrelated matter, ie legal fees. The protective order concealed documents that prove perjury, conspiracy, and fraud on the arbitration. We have figured out, by talking to the USDA, that a grant application could not have even been made----(the protected documents includ e a purported USDA grant application) and the arbitrator relied on this grant application for his value estimate----
the denial of the docs is extrinsic fraud---can I ignore the protective order when alleging extrinsic fraud?
Expert:  Roger replied 4 years ago.
You cannot ignore the protective order. However, you can file a motion to lift the protective order and allow you to retrieve and use the information. You'll have to inform the court of what you believe the documents will prove if you're allowed to gain access to the documents. Then, it will be up to the court to decide whether or not you can get these documents.
Roger, Attorney
Category: Legal
Satisfied Customers: 26545
Experience: Litigation Attorney
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