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Don’t Call, Don’t Show?

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Taxing Matters

Overtaxed Member
If I sent one of the parties a short video clip of one of the sessions, can that video clip be stopped from entry as evidence? There was a verbal and text messaged agreement at the beginning of the pro bono service that the video and pictures shared were solely for the two parties and they agreed to not share them with anyone.
If the other party has the video and the party seeking the video knows it then generally no subpoena is needed to get it. All the party seeking the video would have to do is serve a discovery request on the party who has the video. It would then be up to the party holding the video to file an objection to the request and cite the confidentiality agreement. How that would go would depend very much on exactly what the video shows, what the confidentiality agreement says, and why the video is needed in the litigation.

It sounds very much like you are taking the side of the parent to whom you provided the services. But I suggest to you that you not try to interfere with the litigation in anyway or try to help your client by seeking to subvert the other side’s efforts to get information needed for the case. You are entitled to protect your own interests, but I suggest you stop there and not go further in trying to help the parent in his/her case.
 


Ohiogal

Queen Bee
The information is definitely priveliged information and trade secrets. Thanks for the information. Very helpful! If I sent one of the parties a short video clip of one of the sessions, can that video clip be stopped from entry as evidence? There was a verbal and text messaged agreement at the beginning of the pro bono service that the video and pictures shared were solely for the two parties and they agreed to not share them with anyone.
Why are you immersing yourself to the point of wanting to side with one parent over the other? You are acting pathetically. You may even be able to be sued as a day care provider if you don't both parents equal access.
 

Ohiogal

Queen Bee
Best part is she may be ordered to communicate with BOTH parents equally. HER not doing that could affect her licensure. Which she would deserve.
 
It matters in what state the litigation is taking place, and I did not see where you provided the state. It also may matter whether the parent seeking the information is represented by an attorney. For example, in the jurisdictions in which I practice, attorneys may themselves issue the subpoena because they are officers of the court. Parties without an attorney have to get the court clerk to issue the subpoena. Whether issued by the attorney or the court, generally the subpoena must seek information that is relevant or potentially relevant to the litigation and cannot seek information that is known to be privileged. It does not matter that you provided the services for free. Thus, it may well be that you will get served with a subpoena in this if what you have is at all relevant to the case before the court. If you believe that the subpoena is improper in some way you may ask the court to quash it. If you think that trade secrets or other confidential business information may be revealed by answering the subpoena then you may seek an order that limits the extent to which this information may be revealed to others outside the court and the parties to the case. I suggest if you get served with a subpoena and have concerns about how to respond that you consult an attorney of your own.
This would most certainly be issued by one of the parties attorney. The other party’s attorney is trying to stop the privileged information from being admitted. I appreciate your input on the matter. Especially your last two sentences.
 

Ohiogal

Queen Bee
The information is definitely priveliged information and trade secrets. Thanks for the information. Very helpful! If I sent one of the parties a short video clip of one of the sessions, can that video clip be stopped from entry as evidence? There was a verbal and text messaged agreement at the beginning of the pro bono service that the video and pictures shared were solely for the two parties and they agreed to not share them with anyone.
No. EITHER parent can introduce it. Why do you think ONE party in a divorce is superior to another? Is one parent a friend of yours? If so... you have issues. MAJOR issues. If you are taking sides, YOU have issues. Both parents stand equal in a divorce/custody issue and therefore the law treats them as such. You are pathetic and should probably not be in child care.
 

Ohiogal

Queen Bee
That is a pretty vague answer and not all that helpful. If you actually get subpoenaed then run the subpoena by a local attorney.
If that is his reasoning she has NO RIGHT to argue that. Either party has the right to subpoena daycare records of a mutual child in a divorce situation. Regardless of the whining of the OP. Regardless of what she wants to claim.
 

Ohiogal

Queen Bee
The information is definitely priveliged information and trade secrets. Thanks for the information. Very helpful! If I sent one of the parties a short video clip of one of the sessions, can that video clip be stopped from entry as evidence? There was a verbal and text messaged agreement at the beginning of the pro bono service that the video and pictures shared were solely for the two parties and they agreed to not share them with anyone.
Bull. IT IS NOT privileged if you shared it with one parent. You are taking sides and don't want to deal with that. That is a problem with you because as a day care provider, you need to deal with both parents.
 
If the other party has the video and the party seeking the video knows it then generally no subpoena is needed to get it. All the party seeking the video would have to do is serve a discovery request on the party who has the video. It would then be up to the party holding the video to file an objection to the request and cite the confidentiality agreement. How that would go would depend very much on exactly what the video shows, what the confidentiality agreement says, and why the video is needed in the litigation.

It sounds very much like you are taking the side of the parent to whom you provided the services. But I suggest to you that you not try to interfere with the litigation in anyway or try to help your client by seeking to subvert the other side’s efforts to get information needed for the case. You are entitled to protect your own interests, but I suggest you stop there and not go further in trying to help the parent in his/her case.
I deeply appreciate what you wrote. My interest is in not being involved in the process. Both parents received the video clip as a way to show them what their child was doing. My thought was to take a step back and not provided any further information to either party. Also to not get in the middle of the video being presented even though my desire would be that it wasn’t because it goes against our (unsigned) agreement. I have no plans to try and stop it from being admitted, however, my concern is that one of the parties has an interest in my testimony. I don’t intend to provide a testimony unless it is subpoenaed and the court orders it.
 

Ohiogal

Queen Bee
I deeply appreciate what you wrote. My interest is in not being involved in the process. Both parents received the video clip as a way to show them what their child was doing. My thought was to take a step back and not provided any further information to either party. Also to not get in the middle of the video being presented even though my desire would be that it wasn’t because it goes against our (unsigned) agreement. I have no plans to try and stop it from being admitted, however, my concern is that one of the parties has an interest in my testimony. I don’t intend to provide a testimony unless it is subpoenaed and the court orders it.
You don't comprehend what privileged means. If you are subpoenaed you get to testify and WILL testify because there is NOT privilege. NONE. Furthermore, you may be required to deal with both parents.
 

Just Blue

Senior Member
I deeply appreciate what you wrote. My interest is in not being involved in the process. Both parents received the video clip as a way to show them what their child was doing. My thought was to take a step back and not provided any further information to either party. Also to not get in the middle of the video being presented even though my desire would be that it wasn’t because it goes against our (unsigned) agreement. I have no plans to try and stop it from being admitted, however, my concern is that one of the parties has an interest in my testimony. I don’t intend to provide a testimony unless it is subpoenaed and the court orders it.
You are lucky enough to have two attorneys posting to your thread TX and OG....OG is a family law attorney.
 
Why are you immersing yourself to the point of wanting to side with one parent over the other? You are acting pathetically. You may even be able to be sued as a day care provider if you don't both parents equal access.
I apologize if in my wording it seems I’m taking sides. I have not taken sides. But one party is trying to involve me in the matter while the other is not.
 
You are lucky enough to have two attorneys posting to your thread TX and OG....OG is a family law attorney.
Your kindness does not go unnoticed. You are going to go far in what ever you do! Don’t join the crowd. Stand out!!!
 
Last edited:

HRZ

Senior Member
Personally I would do ZERO as to video clips absent a proper subpoena and advice from your own choice of legal counsel.
 

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