Quote:
Originally Posted by WannabeNomad
Ah. Well I would have told the judge to jump off a damn bridge then. Ain't none of anyone's business what is said between me and others.I hope the person that was told to turn over the pw said no or just defied the idiot judge.
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Which part of "it is a law suit" do you not understand?
There's no doubt in my mind that you are not at all familiar with the Rules of Civil Procedure, or the Rules of Evidence, or Discovery.
Quote:
Originally Posted by WannabeNomad
Yes its called getting a warrant. I wouldn't have a choice then. They are getting a divorce this wasn't a murder trial.BIG differences.
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Um, that is what a subpoena in a civil case is: a warrant.
Holy cow. You might want to refrain from commenting on legal issues in the future.
Legally...
Mircea
Quote:
Originally Posted by pghquest
Thats correct, but what does apply here is an expectation of privacy.
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It's a law suit, there is no expectation of privacy.
Being intimately familiar with Discovery, and in particular Electronic Discovery, I would be issuing Requests for Production for material stored on her computer. It is relevant to the issues at hand, for these reasons, and more:
1] Rebuttal evidence. Example: Spouse claims "extreme emotional distress." Petitioner's use of Electronic Discovery reveals spouse's e-mails, and FacePuke account to show that no such condition of "extreme emotional distress existed," and that spouse bragged to friends and family members that she was playing the petitioner.
2] Asset Discovery: Petitioner's use of Electronic Discovery reveals that spouse has hid or intends to hide marital assets, or is in possession of marital assets that Petitioner has no knowledge of. For example, spouse may own a condominium for use in adulterous relationships and had purchased said condominium prior to the Petitioner's relationship with spouse.
3] Evidence: Petitioner's use of Electronic Discovery shows that spouse's e-mails and FacePuke account show evidence of adultery. Petitioner then files a motion with the court to amend the original complaint changing the divorce from "no-fault" to "for fault on grounds of adultery" and in a State like Ohio, that means spouse automatically loses and pays all court costs and attorney fees, plus for a man, that would mean he doesn't have to pay alimony and might get reduced child support payments, and in the best case scenario, a man might even have a shot of getting joint custody of the children (other he'd never be able to see them).
4] Mitigation: Petitioner's use of Electronic Discovery might provide evidence for mitigating circumstances.
5] Frauds: Petitioner's use of Electronic Discovery could provide evidence of a sham marriage, which is a fraud and to which the spouse is entitled to absolutely nothing in terms of property, assets or spousal support.
There is absolutely nothing different here than in the past. Petitioner has every right to issue a subpoena to spouse's friends, co-workers, family and acquaintances to appear at Deposition, and under Sworn Oath and Penalty of Perjury or Suborning Perjury, answer questions truthfully and honestly to the fullest extent.
What the computer and FacePuke have done, is made it incredibly easy to do that, as well as less time consuming and cheaper as well.
Mircea's 3rd Law of Successful Happy Living:
If you don't want it known; then don't do it.
Procedurally...
Mircea
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