selfprodigy Posted October 15, 2010 Report Share Posted October 15, 2010 I'm helping my mother in law on this case. I know some of you have been following but I'm not sure what to do. We went to the court house and filed an answer and an appearance. In the answer we denied the claim that we owed the doctor for services rendered, and we listed our aff defenses. We asked for a dismissal or a motion to leave for discovery. It crucial that I get to leave for discovery so i can talk subpoena the doctor that saw her before and after the surgery. We didn't go to the court date because the summons says "This case will not be heard on the day for appearance if you have filed your written appearance and paid your filing fee you need not appear in person that day." Reading the docket the judge granted the plantiff leave to investigate our countersuit but all it says is def failed to appear cause to set trial.I have a trial date jan 19th now..I called the courthouse and she said oh well your supposed to request those things ahead of time. I said i did in my answer. She said why didn't you come to court? I said the paper you sent me says all i needed to do was file an answer.... "oh we sent the wrong one then..." Go ahead and file a motion.So? Am i screwed or what? Link to comment Share on other sites More sharing options...
KentWA Posted October 15, 2010 Report Share Posted October 15, 2010 File a motion and include the paperwork the court sent you as Exhibit A and state that the clerk has told you that they sent the wrong paperwork. Link to comment Share on other sites More sharing options...
selfprodigy Posted October 15, 2010 Author Report Share Posted October 15, 2010 Will filing the motion get me another court date before the trial to request discovery for production of documents? Link to comment Share on other sites More sharing options...
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