tkkfan Posted August 23, 2008 Report Share Posted August 23, 2008 So, I answered the complain on time. I thought everything was cool and I could file for discovery. I get a letter from the court today that a bench trial has been scheduled in a few weeks. Is this normal, I could see a pre-trial, but not a bench trial ordered 3 weeks after I filed my answer! How am I even supposed to file for discovery when they have 4 weeks to respond to me! I'm thinking the court either messed up, or knows the plaintiff is a junk debt buyer and they just want to clear it off the docket. Is this good or bad for me, any suggestions or comments? Link to comment Share on other sites More sharing options...
Focus2069 Posted August 23, 2008 Report Share Posted August 23, 2008 call the court and verify what exactly will happen that day.I would get your discovery ready anyway, just to make sure. Link to comment Share on other sites More sharing options...
tkkfan Posted August 23, 2008 Author Report Share Posted August 23, 2008 Yeah, I was planning on doing that Monday, but when it says "bench trial" it sounds like that will be the one and final court date.. Link to comment Share on other sites More sharing options...
Focus2069 Posted August 24, 2008 Report Share Posted August 24, 2008 Yeah, I was planning on doing that Monday, but when it says "bench trial" it sounds like that will be the one and final court date..I doubt it.it usually takes several months of going back and forth with discoveries, interogatories, blah blah, until the final trial day.Let us know monday what the court clerk says. Link to comment Share on other sites More sharing options...
tkkfan Posted August 24, 2008 Author Report Share Posted August 24, 2008 I doubt it.it usually takes several months of going back and forth with discoveries, interogatories, blah blah, until the final trial day.Let us know monday what the court clerk says.I agree!! That's why I posted the question to see if this was normal.. Link to comment Share on other sites More sharing options...
Methuss Posted August 25, 2008 Report Share Posted August 25, 2008 Send in your discovery request and if they have not responded by the day of the trial, file a motion for continuance to give them time to comply with the discovery request. (This shows good faith on your part...your opponent would be stupid to reject it in a show of bad faith). Then if they haven't complied by the time of the new trial date, you have ammunition to supress anything they present in court as evidence which was subject to the discovery request...estoppel by silence. Link to comment Share on other sites More sharing options...
tkkfan Posted August 26, 2008 Author Report Share Posted August 26, 2008 Ok, so I called the court today and sure enough the bench trial is scheduled in 2 weeks and it wasn't a mistake. The clerk says that sometimes they just schedule the trials really quick. Here is my issue, in Michigan the plaintiff has 28 days to answer a discovery request so is it even worth it to request it? I was thinking the best course of action is just to tell the judge the plaintiff has to prove the debt is mine, and the only way to do that is provide a signed contact and a chain of ownership. I'm guessing they won't have this so the judge will either dismiss the case or give them more time to come up with it. Can I do this, or would it be not allowed since I didn't file for discovery? I would think the plaintiff has to prove his case and the only way to do that is to show a signed contact, wither I asked for it prior to the trial or not... Link to comment Share on other sites More sharing options...
Focus2069 Posted August 27, 2008 Report Share Posted August 27, 2008 Yes, file your discovery request.Then, on the day of the trial, file a motion for continuance to give them time (as Methuss stated) to reply. Link to comment Share on other sites More sharing options...
tkkfan Posted August 27, 2008 Author Report Share Posted August 27, 2008 Yes, file your discovery request.Then, on the day of the trial, file a motion for continuance to give them time (as Methuss stated) to reply.See, but why would I want them to try to get the docs? It's only going to help there case and hurt mine. Why not just request it at trial or make the argument to the judge they need to produce them to prove there case during the bench trial. Link to comment Share on other sites More sharing options...
Methuss Posted August 27, 2008 Report Share Posted August 27, 2008 See, but why would I want them to try to get the docs? It's only going to help there case and hurt mine. Why not just request it at trial or make the argument to the judge they need to produce them to prove there case during the bench trial.Because if you appear unreasonable or hostile to the other side you are just going to piss off the judge.Seriously, if they can't produce the documents in two weeks, they likely won't be able to in four. Getting the documents doesn't take that much time. What you DON'T want is for them to suprise you in court with something you don't know they have.So do the discovery and ask for continuance if they have not produced by the court date. Link to comment Share on other sites More sharing options...
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