Opposing counsel says that they cannot access my affidavit of financial information because it is filed under seal and are requesting that I, a pro se litigant, send them a personal copy of this information. Is this normal?
2 Answers from Attorneys
Well, I can't imagine why it would have been sealed; that is usually reserved for adoption proceedings in Juvenile Court or highly vulnerable personal information such as Social Security Numbers and the like in sensitive data coversheets. Is it maybe because the attached paystubs, W-2s and tax returns were not redacted (whited out) of that info? Regardless, yes, it is extremely normal for them to ask and for you to provide a copy of the AFI to opposing counsel and in fact you are required to do so. You are required to prrovide a copy of everything you have ever filed. And yes they can request an unredacted version as long as they promise not to share it with the court or otherwise publicly. You might ask them first though why they would need the unredacted version if that is what they are requesting. Best of luck! Joan
Opposing counsel is absolutely entitled to your financial affidavit. It further is generally your obligation to ensure that such has been properly disclosed. I therefore would suggest that there should be no concern regarding you affirmatively providing them your financial affidavit.
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