After I represented myself in court, in came to light my ex had failed to tell the Judge about approximately ½ of his income (workers comp) so I filed a rule 59. Now I am trying to settle out of court so requested a few documents ( 2009 income tax and official workers comp records)-I have always been friendly and polite to my ex’s lawyer. Unfortuately his lawyer has been rude to me, several times called me names- and refuses to give me the documents I requested- instead he filed for an extension- then on the phone told me he could not send me a copy of the 2009 income tax forms but would show me if I came to his office- as far as workers comp he said he could not get the forms. I know the Judge mentioned to me before during calendar call if I have a problem getting the information let her know-but how can I let a Judge know? As far as I knew you are not allowed to speak to the Judge- I spoke to workers comp and they said I should ask my ex’s lawyer to Subpoena them and then they were still not sure if they could send the records since they are not public record. I want to ask the Judge to Subpoena the records but I do not know how to since I cannot contact her.
What do I do in this situation?
Thanks
The judge will not issue the subpoena. You may have the clerk issue a subpoena on your behalf as a pro se litigant.
With respect to the tax records, all the attorney is obligated to do is make the records available to your for copying and inspection.