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Old 09-12-2004, 05:20 PM
gatorbait71
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Notice to Produce


What is the name of your state? FLORIDA

I recently received a letter from my wife's attorney stating that I had failed to produce documentation that she had requested and stated that she would file a motion for contempt if I failed to provide the information. I have never received a notice to produce from my wife or her attorney. Isn't her attorney required to have personally served me with such a request? Otherwise, what proof would she have that I ever received a request to provide any documents?
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Old 09-13-2004, 09:07 PM
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Location: Central Florida
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Quote:
Originally Posted by gatorbait71
What is the name of your state? FLORIDA

I recently received a letter from my wife's attorney stating that I had failed to produce documentation that she had requested and stated that she would file a motion for contempt if I failed to provide the information. I have never received a notice to produce from my wife or her attorney. Isn't her attorney required to have personally served me with such a request? Otherwise, what proof would she have that I ever received a request to provide any documents?

You are correct. Unless your wife or her attorney served you (by personal service by process server) a subpoena for production, they cannot file a motion for contempt.
Is it possible that your wife told her att. that she had you served, hoping that her att. would just simply believe her without asking for proof of service?
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