Eby

At a judgment debtor examination, the court imposed sanctions on the judgment debtor’s counsel. We conclude that the court’s decision to impose sanctions violated due process and reverse the order awarding sanctions.

Factual and Procedural Background

The record in the present appeal discloses the following facts. On January 13, 1995, judgment was entered in favor of respondents and against plaintiff and appellant Vicki Lyn Eby in the underlying action. The judgment awarded respondents their costs and disbursements.

On March 27, 1995, Eby was ordered to appear at a judgment debtor examination set for May 15, 1995. Eby failed to appear at the examination, but her counsel, Buffy Lyn Roney, was present. Roney told the court Eby was ill and unable to attend. The examination was continued to May 31.

On that date, Eby appeared and was represented by Daniel Shanley. However, Eby failed to produce some documents she had been required to bring. Eby alleged she had not received a full copy of the request for production of documents. The court ordered her to obtain a declaration from her doctor concerning her failure to appear at the May 15 hearing and continued the examination…