RebelLady Posted September 11, 2010 Report Share Posted September 11, 2010 Hi all! Just a couple of quick questions about Discovery:Is there anyway to make certain that a Defendant receives ALL the documents a Plaintiff intends to present to the court short of requesting them individually? For instance, the Plaintiff presents a piece of evidence that is inadmissible without authentication and the Defendant doesn't specifically ask for the authentication. The Plaintiff has the supporting documents but since they weren't specifically asked for them, doesn't send them to the Defendant.In my case, I think it would be best to not ask specifically for certain documents because I would rather the Plaintiff not have an opportunity to get them. But suppose the Plaintiff already has those documents but since I didn't specifically ask for them during Discovery, doesn't send them to me?I was thinking something like:"Provide any and all documents to be presented to the court as evidentiary material in the above action" or something like that. Would that work?And if so...when would be the best time to send this request? Our court date is in early November. I was thinking I would wait until the first part of October hoping that would give the Plaintiff time to send me the documents and give me time to go over them and write up my Motions, etc.Thanks for your help...RL Link to comment Share on other sites More sharing options...
Massive Posted September 11, 2010 Report Share Posted September 11, 2010 Who's the Plaintiff? Link to comment Share on other sites More sharing options...
RebelLady Posted September 11, 2010 Author Report Share Posted September 11, 2010 Its this local (I'm assuming) company that nobody (including me) has ever heard of...lol. Its not one of the larger ones everybody has heard of like Midland or LVNV.RL Link to comment Share on other sites More sharing options...
Massive Posted September 11, 2010 Report Share Posted September 11, 2010 You know what to do now. Link to comment Share on other sites More sharing options...
donqII Posted September 11, 2010 Report Share Posted September 11, 2010 Hi all! Just a couple of quick questions about Discovery:Is there anyway to make certain that a Defendant receives ALL the documents a Plaintiff intends to present to the court short of requesting them individually? For instance, the Plaintiff presents a piece of evidence that is inadmissible without authentication and the Defendant doesn't specifically ask for the authentication. The Plaintiff has the supporting documents but since they weren't specifically asked for them, doesn't send them to the Defendant.In my case, I think it would be best to not ask specifically for certain documents because I would rather the Plaintiff not have an opportunity to get them. But suppose the Plaintiff already has those documents but since I didn't specifically ask for them during Discovery, doesn't send them to me?I was thinking something like:"Provide any and all documents to be presented to the court as evidentiary material in the above action" or something like that. Would that work?And if so...when would be the best time to send this request? Our court date is in early November. I was thinking I would wait until the first part of October hoping that would give the Plaintiff time to send me the documents and give me time to go over them and write up my Motions, etc.Thanks for your help...RLYour wording sounds ok to me. But if you go to court early Nov. IMHO I would think you need to give them 30 days, plus 5 for mailing to you. And you maybe should allow enough time if they dont do it to motion to compel this info... before your court date.That would mean to do it soon, I would think.But I am sure others will have far more learned advice for you then me and hopefully will chime in here. Link to comment Share on other sites More sharing options...
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