Production of Documents Question

[possum]

Hi All,

I sent plaintiffs attorney a request for productions of documents..

Waited, then called the attorney and he said they would have to

talk to their client (LVNV)..

Now trial is 2 weeks away and no discovery..What I do get in the

mail is a MSJ..Filed an objection to that, and when the court date

came we showed they did not..The judge asked me why he should

grant my objection and I explained that I needed the documents

to prepare for trial..He denied their MSJ and just when I was about

to ask the judge about filing a motion to compel, he told me exactly

what I was about to ask....So I did after I left the courtroom, went

straight to the clerks office..

Served them and yesterday found out they opposed the motion..

My question, what are they doing? playing games, or is the plaintiff

going to surprise me at trial?

Thanks

possum

[Fairy Enchantress]

Well what the discovery is going to show is their evidence.In my case that I just had; you could not present anything that was not in the discovery at trial.

What was their reason to oppose the motion to request documents? That's weird I never have seen this.I am sure someone will know something here at CIC though.

[nascar]

Served them and yesterday found out they opposed the motion

Not sure how you could find out they opposed the motion the same day you served them but ... What have you asked for and what verbiage did you use to ask for it?

[admin]

Also, just because they filed opposition, it doesn't mean that the judge will grant it.

[possum]

Not sure how you could find out they opposed the motion the same day you served them but ... What have you asked for and what verbiage did you use to ask for it?

Sorry, after They were served I waited a week, I call the clerk once

a week to see whats going on..that day she stated they opposed my motion

Now today I get a letter from the attorney stating they would like me to

withdraw my motion to compel stating in the letter was the reason why

"Enclosed please find documents responsive to your demand for documents"

The papers, so called documents, are an affadavit,you knoe the one that

states "I have personal knowledge etc etc...signed by an employee of

the plaintiff...also a paper just stating current owner, previous owner

and original creditor....balance, underneath is a transactions page

with nothing on it...totally blank:roll:

First, there is more that I requested which was not enclosed...

Any ideas?

possum

[IrishDMBF]

Not that I am an expert but here is my two cents

Don't withdraw your motion to compel. They haven't given you what you asked for in discovery.

Get a copy of the opposition to the motion from the clerk of courts and write an answer to the opposition stating that although you have recieved documents they were not the documents requested and you still are requesting the motion to compel the discovery of the documents requested.

If they still don't produce the documents file a motion to dismiss based on lack of evidence and that the affidavit that they did produce is hearsay because it is not certified by the original creditor.

[BTO429]

I thik they don't have a lot of evidence and they are stalling. Go on with the motion to compel, if they don't give you what you ask for file a motion to dismiss WITH PREJUDICE so they can't file again.

[possum]

Thanks all,

I am not withdrawing the motion, and when the court date comes

and they still haven't given me the documents should I ask the judge

the day of the trial for a dismissal?

possum

[BTO429]

The affidavit can be shot down as hear say. a piece of paper can't talk. How do you know who actually signed the affidavit. If they wanna use it and the judge says they can then you have the right to ask for the person who signed the affidavit be in court.