Discovery ignored again. Now what?

[Hunterman]

Minnesota

What is the most likely response of a judge to a party who has refused to comply with discovery (pay stubs, W-2's, bank account and investment account information, etc.)? My wife refused to comply last fall and in December the judge was very clear that she needed to comply and he ordered her to pay $500 to my attorney for the extra time he has spent on this. It's now three months later and she still has not complied. Her response was a few paragraphs of ridiculous excuses. We have another hearing coming up. What can the judge do in cases like this?

 

[quincy]

Minnesota

What is the most likely response of a judge to a party who has refused to comply with discovery (pay stubs, W-2's, bank account and investment account information, etc.)? My wife refused to comply last fall and in December the judge was very clear that she needed to comply and he ordered her to pay $500 to my attorney for the extra time he has spent on this. It's now three months later and she still has not complied. Her response was a few paragraphs of ridiculous excuses. We have another hearing coming up. What can the judge do in cases like this?

Possibly jail her for contempt.

 

[HighwayMan]

Your attorney obviously knows the court - ASK YOUR ATTORNEY!

Why are you asking people here who aren't familiar with the court or the judge??

 

[Hunterman]

That is a fair question. I am in the unfortunate position of having an attorney who is often inaccessible and non-responsive. He knows what he's doing, but unless it's an important question with some urgency required my experience is that he won't respond at all. He is an older gentleman who has been an attorney over 40 years and has a lot of experience, but I think it would be a fair statement that he is often overwhelmed by his workload.

 

[HighwayMan]

That's all well and good, however no one would have a better idea - even if it's an educated guess - than he would. Either you keep using his services or you don't. If you do (and it sounds like you do) then you should take the opportunities to ask questions whenever you do speak with him.

Honestly, anyone here guessing wouldn't do you much good anyway.

 

[not2cleverRed]

Has she paid the $500?

 

[Hunterman]

She has not paid the $500.
Today was the hearing. It was supposed to be a pre-trial hearing and instead it was 40 minutes of the judge reading out loud through two of documents she submitted and saying things like, "This answer is incomplete and stinky" and "You wasted a lot of ink trying to avoid answering this question". I think he wanted to use a different work like "bullshit", but he used "stinky" instead. The judge made it very clear that he is beyond frustrated with her. I expect a ruling soon that requires her to submit everything within a short amount of time or face serious consequences.

 

[Just Blue]

She has not paid the $500.
Today was the hearing. It was supposed to be a pre-trial hearing and instead it was 40 minutes of the judge reading out loud through two of documents she submitted and saying things like, "This answer is incomplete and stinky" and "You wasted a lot of ink trying to avoid answering this question". I think he wanted to use a different work like "bullshit", but he used "stinky" instead. The judge made it very clear that he is beyond frustrated with her. I expect a ruling soon that requires her to submit everything within a short amount of time or face serious consequences.

Please keep us updated.

 

[not2cleverRed]

She has not paid the $500.
Today was the hearing. It was supposed to be a pre-trial hearing and instead it was 40 minutes of the judge reading out loud through two of documents she submitted and saying things like, "This answer is incomplete and stinky" and "You wasted a lot of ink trying to avoid answering this question". I think he wanted to use a different work like "bullshit", but he used "stinky" instead. The judge made it very clear that he is beyond frustrated with her. I expect a ruling soon that requires her to submit everything within a short amount of time or face serious consequences.

Well, expect the judge to up what she owes in your legal fees.

She's stupidly pissing him off.

She thinks, of course, that she's being clever. Maybe she's been talking to my ex and has misguidedly been taking his legal advice. In which case, you can save money by realizing that your lawyer only has to show enough to prove that you aren't trying to hide assets, and your wife isn't complying with discovery and court orders- throwing in everything including the kitchen sink isn't necessary.

 

[Litigator22]

She has not paid the $500.
Today was the hearing. It was supposed to be a pre-trial hearing and instead it was 40 minutes of the judge reading out loud through two of documents she submitted and saying things like, "This answer is incomplete and stinky" and "You wasted a lot of ink trying to avoid answering this question". I think he wanted to use a different work like "bullshit", but he used "stinky" instead. The judge made it very clear that he is beyond frustrated with her. I expect a ruling soon that requires her to submit everything within a short amount of time or face serious consequences.

If you are still left wondering "what can the judge do?", read on.

(b) . . . if a party . . . fails to obey an order to provide or permit discovery . . . . the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:

(1) An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(2) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;

(3) An order striking pleadings or parts thereof, staying further proceedings until the order is obeyed, dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;

(4) In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination;

* * *

In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising that party or both to pay the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust."

(See: Minnesota Rules of Civil Procedure Rule 37. Failure to Make Disclosures or To Cooperate in Discovery: Sanctions.

37.02 Failure to Comply with Order (compelling discovery)

 

[quincy]

An interesting case with a civil contempt of a court order resulting in jail time and payment of attorney fees, from Minnesota Appeals (no connection to nor endorsement of the attorney from whose site this case was taken):
https://aaronhall.com/mohrman-kaardal-and-erickson-v-gene-rechzigel/
This, as a note, was a post-judgment discovery order in an estate planning case.

 

[Hunterman]

The judge issued his order yesterday. He has ordered her to completely answer all interrogatories and provide all documents within 14 days. He also ordered her to pay an additional $1000 to my attorney. His order is very detailed and about ten pages long. My favorite part of the order is his response to her answer of "someone at the bank is looking for those documents" for her. His response is that she must either provide the documents or provide the name of the person at the bank who is looking for the documents, a detailed list of what that person has done so far, when that person has done it, and that person's contact information. Obviously, the judge doesn't believe what she said about someone looking for the documents.

 

[quincy]

The judge issued his order yesterday. He has ordered her to completely answer all interrogatories and provide all documents within 14 days. He also ordered her to pay an additional $1000 to my attorney. His order is very detailed and about ten pages long. My favorite part of the order is his response to her answer of "someone at the bank is looking for those documents" for her. His response is that she must either provide the documents or provide the name of the person at the bank who is looking for the documents, a detailed list of what that person has done so far, when that person has done it, and that person's contact information. Obviously, the judge doesn't believe what she said about someone looking for the documents.

It will be interesting to see if she complies as ordered within 14 days.

Thanks for the update.

 

[not2cleverRed]

The judge issued his order yesterday. He has ordered her to completely answer all interrogatories and provide all documents within 14 days. He also ordered her to pay an additional $1000 to my attorney. His order is very detailed and about ten pages long. My favorite part of the order is his response to her answer of "someone at the bank is looking for those documents" for her. His response is that she must either provide the documents or provide the name of the person at the bank who is looking for the documents, a detailed list of what that person has done so far, when that person has done it, and that person's contact information. Obviously, the judge doesn't believe what she said about someone looking for the documents.

However, I'm not betting she'll comply. She might turn in something, but I doubt it'll be what was asked for.

Legally, what this means: because she has hurt her credibility with the judge, she is less likely to get the benefit of the doubt from him. You have to continue to be patient, and just continue following the rules. She is digging her own grave, metaphorically. The more she drags things out, the more irritated the judge will be - the judge is giving her chances and she is refusing to take them. Keep your nose clean and be reasonable about what want, or at least only a little unreasonable, and you'll be fine.

 

[commentator]

And always remember, the better court goes for you, the madder she'll get at you. Keep that protective order in place, make sure your doors stay locked.