Wagner v. Dennis
2012 Ohio 2485
Ohio Ct. App.2012Background
- Mother and Father are biological parents of child born 7/23/2009; paternity action filed in Medina County dismissed for lack of jurisdiction (2010).
- Mother filed in Ashland County seeking allocation of paternal rights and responsibilities (Nov. 2010).
- April 2011: Father moves to obtain Mother’s medical/psychological records; magistrate orders releases on April 21, 2011.
- May 16, 2011: Mother deposed; numerous objections to questions. June 13, 2011: Father serves interrogatories; documents requested.
- July 29, 2011: Father moves to compel discovery and deposition testimony; magistrate issues orders to answer seven contested questions; August 2, 2011 order subsequently stayed/appealed.
- Trial court, after final hearing, orders Mother to answer questions 2, 3, 4, 5, and 7; she need not answer 1 and 6; judgment entered November 14, 2011; Mother appeals.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ordering deposition responses after trial began was reversible | Mother contends prejudice; error after resting. | Father argues discovery proper; magistrate able to complete hearing. | No abuse of discretion; order proper after continued hearing. |
| Whether the discovery order violated attorney-client privilege/work product | Privilege applies; questions seek confidential material. | Information not privileged; not protected from disclosure. | Questions do not require privileged materials; order upheld. |
| Whether there was an evidentiary hearing on the privilege issue | Trial court failed to hold an evidentiary hearing. | An evidentiary hearing was conducted; record supports. | Appellate court found no error; trial court conducted hearing. |
Key Cases Cited
- Daggett v. Gessaman, 34 Ohio St.2d 55 (Ohio 1973) (discovery broad discretion; abuse of discretion standard on review)
- Blakemore v. Blakemore, 5 Ohio St.3d 217 (Ohio 1983) (abuse of discretion standard; arbitrary or unconscionable conduct)
- Geggie v. Cooper Tire & Rubber Co., 2005-Ohio-4750 (Ohio (App.) 2005) (discovery proceedings reviewed for abuse of discretion)
- Knapp v. Edwards Lab., 61 Ohio St.2d 197 (Ohio 1980) (where transcript is missing, presumption of validity of trial court proceedings)
- Merillat v. Fulton Cty. Bd. Of Commrs., 73 Ohio App.3d 459 (Ohio (App.) 1991) (record-based review of errors; need record for assignment of error)
- Medical Mut. of Ohio v. Schlotterer, 122 Ohio St.3d 181 (Ohio 2009) (privilege questions reviewed de novo; strict construction of privileges)
- Roe v. Planned Parenthood Southwest Ohio Region, 122 Ohio St.3d 399 (Ohio 2009) (privilege and confidentiality issues in context of discovery)
- Giusti v. Akron Gen. Med. Ctr., 178 Ohio App.3d 53 (Ohio (App.) 2008) (burden on party claiming privilege to prove applicability)