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Fact Discovery stage/Starting Discovery--repost


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Could someone walk me through what is involved. I am the plaintiff and may be in a little over my head. My documentation is flawless, I just don't know how to proceed once they answer/file motion to dismiss. I went to this site:

http://www.altria.com/media/03_06_01_01_Lawsuit.asp

and it kind of just jumps over the specifics. I have looked through my civil rules and there is no mention of a motion for discovery. Once they answer will the court start setting dates? Do I just print out my Interrogatories, requests for admission, and request for documents and send them to the defense lawyer (It does say not to send them to the court)?

One additional dumb question, do they have to ask me for all of the evidence i plan on producing? If I produce my evidence list in discovery and they do nothing with it, is it all admissible?

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first what state are u in...

your rcp should tell you...if unsure also check your courthouse rules where action is taking place

lastly call ja, judges assistant and ask questions should be able to give u direction...

in some cases discovery is introduced at a certain stage...however what i have read also is sometimes if u introduce discovery then the other can as well...thats where i would start...hope this helps...and from what ive read your right...what ever is submitted to court...example in your affirmative defenses in your answer...if not there now to late to do latter...unless you petition the court to amend...same goes for discovery....

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i'm in SC. I am guessing they will introduce discovery so that they can get their hands on my evidence anyway. I think i will call the judges assistant or the clerk once they file their answer so that i know what the next step is. I know anything can and will go wrong, but if all of my evidence gets admitted, i have them dead to rights. I just have to not screw up the procedural part of the case.

One more unrelated question: I do part time web design, IF i win even 1 small part of the case, does it become part of the public record and thus allow me to put up a website with specific detail on how i went about doing this? If they were to know that will that help push them toward settling?

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If they don't want any part to be public, they can request that non disclosure be part of the award/order. I doubt that it would compel them to settle. With out some kind of order to the contrary this case should become public record at the gavel bang. If you want to publish, why tempt a gag order?

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i would like to publish it and show other people how to go about doing the same thing to these scumbags, but i would also just like to settle this thing and be done with it. It has annoyed me long enough. I figure having them write a check is the only way to get even for the harassment.

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