Mandy Dardar v. Gary Dardar

STATE OF LOUISIANA COURT OF APPEAL, FIRST CIRCUIT

MANDY TROSCLAIR DARDAR NO. 2021 CW 0424 VERSUS GARY DARDAR JUNE 7, 2021 In Re: Mandy Trosclair Dardar, applying for supervisory writs, 32nd Judicial District Court, Parish of Terrebonne, No. 177689.

BEFORE: WELCH, CHUTZ, AND HESTER, JJ.

WRIT GRANTED. The district court' s April 19, 2021 ruling ordering Jerri Smitko to produce a copy of the client file of Timothy Dardar to defendant herein is vacated. Neither a subpoena nor a court order shall be issued to a lawyer to appear or testify in any civil proceeding, including pretrial discovery, where the purpose of the subpoena or order is to ask the lawyer to reveal information about a client or former client obtained in the course of representing the client unless, after a contradictory hearing, it has been determined that the information sought is not protected from disclosure by any applicable privilege or work product rule. La. Code Evid. art. 508( A). The determination that a lawyer -client privilege is not applicable to the testimony shall not bind the client or former client unless the client or former client was given notice of the time, place,and substance of the hearing and had an opportunity to fully participate in that hearing. La. Code Evid. art. 508( C). It appears that the hearing held herein on defendant' s motion to produce failed to comply with the requirements of La. Code Evid. art. 508( C).

JEW WRC CHH

COURT OF APPEAL, FIRST CIRCUIT r_ DEPUTY CLERK OF COURT

FOR THE COURT