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

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DEPUTY CLERK OF COURT
FOR THE COURT