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Miami-Dade Judge Diane Ward Strikes Down Production of Documents

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As many of you know the Lenders appear at foreclosure trials with their robo-witness who claims to know the answer to every question based upon a recent review of imaged documents in the Lender’s computer database. On Tuesday, December 18, 2012 at a motion hearing on objection to production of documents at deposition of Lender’s trial witness, Judge Ward sustained objections denying our request to review documents on which the Lender’s trial witness testimony is based. Judge Ward went on to deny production of documents proving who the witness works for, the witnesses job duties, and information related to other depositions given by the witness. When challenged on the basis of her ruling, Judge Ward threatened to hold me in contempt of court. In any other civil case, the documents we requested would have been produced without objection. If an objection were to be interposed the Judge would summarily overrule the objection, as clearly, the information requested is relevant and therefore required to be produced. However, Judges in Miami-Dade County have apparently decided that homeowner’s in foreclosure are not entitled to defend foreclosure actions filed against them.

We will not sit idly by while the court’s trample on our client’s fundamental constitutional right to due process of law. If we do not jealously protect our constitutional rights against petty tyrants, we risk losing them forever.

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