Being sued! Need help on discovery process please!

[sourdwifey]

First off, this site has been a HUGE help in dealing with my lawsuit! I was able to answer my complaint with the assistance of all of you wonderful people on here.

Currently, I am in a bit of a rut and am hoping someone can help me. Here's my situation in a nutshell:

- Received collection letter from attorney representing junk debt collector regarding an old credit card I had. I ignored it and never DV'd them (dumb, I know).

- Received summons and I timely submitted my answer.

- Received a Notice to Set by Telephone from the attorney.

- Received a Notice of Trial, which stated my trial date and that we were going to meet before a Magistrate.

- Received a Motion to Allow Trial Testimony by Telephone from the Plaintiff so they could have someone from their offices be "present".

As of this date, I have not received any type of proof of this debt (signed contract, customer agreement, statements, etc.) from them. Just a dollar amount.

I definitely want to do discovery before trial (beginning of March), however, I am not quite sure when I can do discovery in my state. I live in Colorado. I have read the civil procedure rules but I am still confused. Do I wait until trial to request discovery or can I request it now? I am defending myself and want to make sure I follow all court rules.

Hope someone can help. I would greatly appreciate any input.

Thanks so much!!

[KentWA]

You should be able to file discovery now. In most locations you can send discovery back with Answers, other places it is 30 days after your answer and in a few there has to be a scheduling conference first. Since you have a trial date and did not mention a conference, it is time to bury them with your requests. Since this is a JDB they may fold when you press forward. Ensure you ask for employment records of their witnes as well as records their witness will rely on. Object to the Telephone appearance. Most likely this witness is a JDB employee and everything that person would say is hearsay.

[sourdwifey]

Thank you for your response!

I have never been informed of a "scheduling conference" at all. All I got was a Notice of Trial and my matter has been scheduled for trial before a Magistrate.

I'm sorry if this is a stupid question, but do I type up my own Discovery and send it to the attorney via certified, return receipt mail AND to the court? Or do I have to physically file the Discovery at the courthouse?

As for the telephone witness, do I ask for the employment records and the records that witness will rely on in my Discovery? How do I object to the Telephone appearance?

I'm sorry I am so new to this and have so many questions. I really appreciate any input.

Thanks again KentWA!!

[sourdwifey]

I am beginning to wonder if Colorado is one of those states that requires a "conference" before being able to start Discovery. Here is the "timing" of Discovery under Colorado Rules below. It states that the parties must have first conferred, which I am assuming is the "conference" - which I never got. Looks like my case is just going straight to trial? Any thoughts on this? Anybody???

(d) Timing and Sequence of Discovery.

(1) Timing.

A party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(, or when authorized by these rules, by stipulation, or by court order.

[debtorshusband]

but do I type up my own Discovery and send it to the attorney via certified, return receipt mail AND to the court? Or do I have to physically file the Discovery at the courthouse?

This part I think I can answer. Discovery requests and responses are not filed with the court. They are only sent from one party to the other. And in my experience, they do not need to be sent CMRRR. A Proof of Service form is filled out, and a copy is sent with the documents and a copy is retained by the sender. And the Proof of Service form is filled out by someone who is not a party to the lawsuit, and that person is thereby swearing that the documents were mailed.

As for the timing of Discovery, I would err on the side of sending your requests out. If this is a mistake, I think a pro se defendant will be excused.

Good luck,

DH

[sourdwifey]

Thank you for your help DH! I actually called the courthouse today and spoke with the clerk. I found out that in Colorado you have once chance to request Discovery, and it's at the pre-trial conference. I expressed my concern to the clerk that I never got the "pre trial conference" and that my case is going straight to trial and she said I can file a motion to request a pre trial and can also at that time file a motion of intent to file for discovery as well.

Now I just have to figure out how to fill out such motions..... anyone have any suggestions??

[sourdwifey]

bump

[Chapel Hill]

In the entire state of Colorado some lawyer has to be decent. There has to be someone willing to provide you expert counsel on how to defend yourself. Have you looked for free legal help? Have you tried the state bar or county bar for discounted legal advice?

If you're like me you probably have more time than money. So you have to make really good use of both. It may be worth your time to ride in elevators of the local federal court building. You need Colorado specific information preferably from guys who litigate and win. If you can't pay $300 an hour then you have to use your smarts to get the information another way. One way I was able to get an adversary pleading filed in bankrupcy court against a lawyer who filed Chapter 11 after I won a judgment was to do research. In a elevator I had a conversation with a guy. He opened his briefcase and gave me a pleading. Told me to shred it when I was done. Took two calls about procedure and sent one other document over by fax. Decency comes in all forms, even lawyers can be really good people some times.

Find your decent Colorado trial litigator. You probably won't be able to do that sitting in front of your pc. Hope this encourages you and the practical example serves you well.