Miami Appeals Case, Sept. 16, 2015: Getting the other side’s documents might require a motion to compel discovery.

Are you suing a trustee in West Palm Beach probate court? You are going to  need evidence to win your breach of trust or breach of fiduciary duty case in West Palm Beach. The problem is who has the evidence? Usually the trustee has all the files you need, so how are you going to get them? Knowing the rules of West Palm Beach discovery is crucial. Check out this recent appeal from Miami to learn how to get the files you need.

Discovery

• Civil court in West Palm Beach is not meant to be a surprise everyone should know what is going on.
• That means that you have a right to request the documents the other side is going to rely on.
• This is part of the discovery process in probate court.
• Do you know the rules of discovery in West Palm Beach probate litigation?
• There are certain documents you cannot access these are often referred to asprivileged documents.
• Be careful though the other side is going to tell you that a document is privileged but you have a right to dispute that.
• If someone is refusing to hand over the documents you may need to file a motion to compel discovery.
• You may also be entitled to attorney fees for getting your motion to compel heard and ordered.
• How do you know whether or not a document is privileged?
• Check out this recent case out of the Third District Court of Appeal on discovery andattorney work product exceptions to discovery. 

Seaboard v. Clark

• This was an appeal centered around a personal injury dispute.
• The injured wanted to get certain photos taken of the accident scene but the other side said that it was work product exempt from discovery. 
• Do you know what attorney work product is in West Palm Beach?
• Experienced Palm Beach probate litigators know how to get the documents they need to win a trust dispute. 
• Remember just because the trustee claims that something is privileged does not mean the West Palm Beach probate judge is going to agree.
• To find out who is right you may need to file a motion to compel.

Want to learn more about how to win a discovery dispute in West Palm Beach?

Check out the entire case by clicking here.