Motion for discovery?
Date: Tue, 04/20/2010 - 08:34
They also looked strange at me when I had affirmative defenses and the motion to strike the affidavit. Even though they took them, they said they would not be looked at until we walked into the courtroom.
Am I not going to get to use my motion for discovery? Or should I mail that on my own to the plaintiff's attorney or just have it on hand when I walk into court?
I don't know how these things go, but looks like it would be better if someone looked at what I requested and maybe had those items on hand when we went to court. I think they were just expecting me to admit or deny the complaints and that was all. But, surely I should get the opportunity to see the evidence and argue a defense before we actually go to court.
Or should I have just answered with the admit/deny and then waited to show them my affirmative defenses and motion to strike the affidavit when we went to court? BTW, this is in Georgia.
You should never wait until you get to court to show the other p
You should never wait until you get to court to show the other party a motion. Every court requires that answers, affirmative defenses, and any motions be filed with the court before a hearing. Which is probably why the other lawyers looked strange at you. I'm not familiar with your state court's procedural rules, but if you were in Illinois, you would have been very lucky if the other party didn't file a motion for default judgment because you didn't file your answer on time. The best thing you can do is to take your motion for discovery to the court house where this case is being held and follow their filing procedure ASAP. And while you're at the court house you may want to find out about what legal aid resources are available to you.
No, it wasn't the other attorneys. It was when I went to the cl
No, it wasn't the other attorneys. It was when I went to the clerk of the court to file my answers. I gave them everything they would allow me to give, but they said that they did not accept a motion for discovery in magistrate court. And they won't even read my defenses or my motion to strike the affidavit until I go to court and at that time I'm guessing - meet the plaintiff's attorneys and see the judge. I've never been in this kind of situation, so I don't know what to expect.
I did send the plaintiff's attorneys by certified mail everything the clerk allowed me to leave with the court - but, still don't know what to do with my motion for discovery that I had ready. The clerk of the court wouldn't take it.
What state and county are you in? I will look up your rules of
What state and county are you in? I will look up your rules of civil procedure
Thank you so much! I don't know whether to put it here or send
Thank you so much! I don't know whether to put it here or send a pm - so, just to be sure . . . I'm sending you a pm! ;)
hang on guys, this is magistrate court, not district court. If
hang on guys, this is magistrate court, not district court. If I recall right, in magistrate courts, the judge(or magistrate) makes a ruling as to whether or not discovery is granted. Someone else dealt with this not too long back and was told that they had to apply for or request discovery, and that the judge would consider the request. I could be wrong on this, but thats what comes to mind on it.
Yup! I went and looked and Magistrate Court is a whole differen
Yup! I went and looked and Magistrate Court is a whole different ball of wax! But while discovery is not accepted without permission, no motions for default judgment are also entertained, so they can't try to sneak that one by!
BUT I would guess you could type up a request to file discovery. In it describe why you want discovery and what you will be asking for and why you are asking for each thing. I think in this situation you should be very specific and don't ask for some things that the Magistrate may frown upon, like policy and/or procedure, etc. Take this with you to court and find out if you hand it to the judge or if you just paraphrase it. Also check about your motion to strike the affidavit. Be sure to reiterate that the affidavit is hearsay and that you have the right to question the person who signed it on how they could possibly have direct knowledge of said account.