waiting4heart&lungs Posted April 6, 2007 Report Share Posted April 6, 2007 Hi everyone, I just wanted to put this out to anyone who can help, i got served with a complaint for a debt from some JBC, THANKS TO THE WONDERFUL INFORMATION GATHERED HERE, i filed an answer, affirmative defenses, and counterclaims, now 5 days later i get a card from the court saying ther is a bench trial in 40 days? I dont get it? where is the discovery? where is the response by the jbc? are they allowed to do this? Link to comment Share on other sites More sharing options...
vialna Posted April 6, 2007 Report Share Posted April 6, 2007 READ YOUR RCP someone has to initiate discovery...and that opens it up to both sides....if they havent sent you discovery doesnt mean you cant send them....but first read your rcp and probably your local court rules for your district... Link to comment Share on other sites More sharing options...
retmar Posted April 6, 2007 Report Share Posted April 6, 2007 Most definitely do this. In fact, when you bring this up on screen, print it out so it is right beside you. Link to comment Share on other sites More sharing options...
nascar Posted April 7, 2007 Report Share Posted April 7, 2007 someone has to initiate discovery......or not. My opinion on discovery is "be careful what you ask for, you might get it." Remember, if you initiate discovery, the other side can get it from you as well. They're going to be better at getting it than you are. I'm not suggesting that you don't do it, just have a purpose behind it. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted April 7, 2007 Report Share Posted April 7, 2007 If you are in a small claims situation, or mandatory court arb, you might not get discovery. Link to comment Share on other sites More sharing options...
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