Order on discovery by e-mail (in case you missed it)

On the hand down list Thursday, March 13, 2014 was an order granting an interlocutory appeal in a divorce case wherein the trial court had granted  the husband’s motion to compel the wife’s complete banking records.  The Miss. S. Ct. reversed the order on the grounds that “an e mail request for production of documents, made by counsel for one party to the employee of counsel for another party, does not meet the service requirements contained in M.R.C.P. 5 and 34.

Here’s the Order  in Johnson v. Johnson, No. 2013-784.

Note that MRCP 5(b)(1) allows delivery of service via e-mail but to be complete, the sender must receive an acknowledgement by the recipient. 

And here’s the transcript of the hearing in the trial court.

And here are the Rules of Civ. Proc. for those who want a refresher. 

One thought on “Order on discovery by e-mail (in case you missed it)

  1. Pingback: How Not to Propound Discovery Requests via Email | The Better Chancery Practice Blog

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