beeboah Posted November 27, 2006 Report Share Posted November 27, 2006 I would like to know if the perpetual requests that I have sent the Plantiff's CA/Attorney for the original signed contract constitute discovery.I have been doing some reading, and found that this is defined as private discovery.I have also read that "private" discovery is a way to have the CA/Attorney fall silent without the judge having his hand in it.Am I on the right track??Thanks!! Link to comment Share on other sites More sharing options...
admin Posted November 27, 2006 Report Share Posted November 27, 2006 "private" discovery is a new one on me.... Link to comment Share on other sites More sharing options...
beeboah Posted November 27, 2006 Author Report Share Posted November 27, 2006 It's what some of the folks at suijuris have presented to me as better than "public" or traditional discovery in that the judge cannot involve potential fudiciary interests. Some other reading has told me that discovery can remain private and between the parties.I don't know if I have the right name, maybe good old DV? lol Link to comment Share on other sites More sharing options...
nascar Posted November 28, 2006 Report Share Posted November 28, 2006 I think you're referring to voluntary exchange of information. For example, if you're a pro se litigant in some forms of action, the other party cannot initiate discovery unless you do it first. So, if you never ask for it, you can't be forced to give them anything either. You'll want to weigh the benefits and implications of both. In this situation a voluntary exchange of information between the parties is outside the scope of formal discovery. Link to comment Share on other sites More sharing options...
beeboah Posted November 28, 2006 Author Report Share Posted November 28, 2006 I think you're referring to voluntary exchange of information. For example, if you're a pro se litigant in some forms of action, the other party cannot initiate discovery unless you do it first. So, if you never ask for it, you can't be forced to give them anything either. You'll want to weigh the benefits and implications of both. In this situation a voluntary exchange of information between the parties is outside the scope of formal discovery.Gotcha, but is failure to voluntarily exchange of information admissable in court?I like how you explain this. I don't want to initiate discovery based on what you said and I *think* that I am doing the right thing. I don't want to talk about where and if I work. Link to comment Share on other sites More sharing options...
nascar Posted November 28, 2006 Report Share Posted November 28, 2006 The major downside of failure to initiate discovery is that the other side can ambush you with stuff you've never seen before. If you have requested discovery, they can't introduce anything in court that you haven't seen already. Link to comment Share on other sites More sharing options...
beeboah Posted November 28, 2006 Author Report Share Posted November 28, 2006 The major downside of failure to initiate discovery is that the other side can ambush you with stuff you've never seen before. If you have requested discovery, they can't introduce anything in court that you haven't seen already.True, but is the voluntary denial of information by the attorney admissable in court? Link to comment Share on other sites More sharing options...
nascar Posted November 28, 2006 Report Share Posted November 28, 2006 True, but is the voluntary denial of information by the attorney admissable in court?Can they introduce something they didn't voluntarily give up? Yes, as long as they establish proper foundation. Link to comment Share on other sites More sharing options...
beeboah Posted November 28, 2006 Author Report Share Posted November 28, 2006 Can they introduce something they didn't voluntarily give up? Yes, as long as they establish proper foundation.interesting, thanks for the warning! Link to comment Share on other sites More sharing options...
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