2023-CA-1436
Warren Circuit Court
Kentucky Court of Appeals
Opinion by Judge Jones
Date Rendered: March 21, 2025
Former wife failed to fully comply with Family Court’s orders compelling discovery, and failed to provide her Final Verified Financial Disclosure Statement before trial. The Family Court held a contempt hearing, and imposed discovery sanctions, namely that Former Wife could not introduce documents previously requested but not produced at the trial.
At the trial, the Family Court further barred Former Wife from introducing any further testimony or evidence regarding her expenses due to her failure to file her Final Verified Financial Disclosure Statement nor an affidavit confirming no changes to her preliminary disclosure.
The Family Court excluded the evidence and rejected Former Wife’s nonmarital claim to the marital residence, denied her request for maintenance, and ordered Wife to pay a portion of Former Husband’s attorney’s fees. Former Wife appealed.
One appeal, Former Wife argued the Family Court’s sanctions prohibiting her from introducing the withheld documents and evidence in support of her claims was excessively harsh.
The Court of Appeals found that Former Wife’s failure to comply with Former Husband’s discovery requests and court orders was clearly willful and in bad faith, and that it prejudiced Former Husband.
The Court of Appeals affirmed the Family Court’s imposition of sanctions pursuant to CR 37.02, which states that one of the available remedies the trial court may impose is “an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence.”
Digested by Emily T. Cecconi