In re the Marriage of Wiggins 2012CO44 (June 18, 2012)

Divorces can get pretty contentious, with everyone looking for an advantage.  In this case, Father gets Mother’s employment file from an old employer by issuing a subpoena duces tecum under CRCP 45. It takes one hour to get the file, but three days to give Mother notice of the subpoena. Subpoenaed documents are often produced in advance, and the appearance of the person subpoenaed is then waived. The Court did not rebuke that practice so long as all the parties and the subpoenaed witness consents.  Otherwise, the Court held, documents may only be produced at the designated deposition, hearing, or trial. This requirement is not dependant upon the documents being confidential or privileged because the interest being protected is the right to notice and an opportunity to object prior to production. Here, Father’s attorney faces potential sanctions for her violation of CRCP 45.

http://www.courts.state.co.us/userfiles/file/Court_Probation/Supreme_Court/Opinions/2012/12SA63.pdf

http://www.cobar.org/opinions/opinion.cfm?opinionid=8555&courtid=2

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2 Comments

Filed under Family Law, Interlocutory Review

2 responses to “In re the Marriage of Wiggins 2012CO44 (June 18, 2012)

  1. Pingback: Proposed Change to CRCP 45 | Colorado Litigation Report

  2. Pingback: State ex. rel. John Suthers, Attorney General and Laura Udis, Administrator, Uniform Consumer Credit Code, v. Tulips Investments, LLC, d/b/a CashBanc, and David Blevins, 2012COA206 (November 21, 2012) | Colorado Litigation Report

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