The Importance of Following Civil Procedure in Divorce Cases

All court cases must follow certain rules and processes that dictate how they progress through the system and reach a resolution. Divorce cases must adhere to civil procedure, which includes strict rules regarding elements like pleadings, discovery, hearings, and evidence. Failure to meet any of the requirements of civil procedure could result in evidence being excluded, unfavorable rulings, or even sanctions.

Agnone v. Agnone

In the California case of Agnone v. Agnone, a witness subpoenaed by Wife had sanctions imposed on him after he refused to follow discovery procedures.

During Husband’s deposition, he stated that he placed thousands of dollars of sports bets during the marriage with someone named Kenneth Madick. Wife then served Madick with a deposition subpoena for personal appearance and production of documents related to Husband’s bets. The subpoena specified that the deposition would be conducted via Zoom and that Madick and his counsel were to participate using their computer equipped with a webcam. Madick acknowledged that he received the subpoena and did not state any objections.

The Deposition

At the deposition, Madick appeared via webcam. His attorney stated his appearance and confirmed he was in the room with Madick but would not turn on his webcam. Wife’s attorney objected based on the fact that he could not tell if Madick was receiving any signals or coaching from his attorney during the deposition. Wife’s counsel repeatedly asked him to turn on his webcam or sit next to Madick so they could be seen on the same camera, to which Madick’s attorney refused. Eventually, Wife’s attorney terminated the deposition.

Wife filed a motion to compel Madick’s appearance in compliance with the terms of the deposition notice and requested sanctions against Madick and his attorney. Wife argued that Madick and his attorney’s defiance of the subpoena and their conduct at the deposition constituted misuse of the discovery process. The trial court granted sanctions against Madick in the amount of $9,981. He appealed.

What the Law States

Misuse of the discovery process can include making unmeritorious objections, giving evasive responses, disobeying a court order, and failing to submit to an authorized method of discovery. Courts may impose monetary sanctions on a party who misuses the discovery process.

The Appeal

Madick argued that sanctions can only be ordered in extreme circumstances and that his conduct was not inappropriate. The appellate court disagreed, stating that courts can impose sanctions for any discovery misuse and there is nothing to suggest that it is limited to extreme misconduct. The court also stated that it is a misuse of discovery for an attorney to coach their client during deposition, and because Madick’s attorney refused to turn his webcam on, Wife’s attorney could not tell if Madick was being coached. This behavior frustrated the deposition’s truth-seeking function, and the trial court appropriately exercised its discretion when imposing sanctions for this discovery abuse.

The appellate court affirmed the lower court’s monetary sanctions against Madick. The divorce process can be complex and stressful. Allow the family law specialists at Woodruff Family Law Group to put you at ease during your divorce.