Jump to content

words of wisdom needed during discovery period


Recommended Posts

I need some words of wisdom from you experienced peeps!

I just got a notice that my case has been referred to mediation and I have until September 19th for discovery.

My question now is what motions to make at this point. Should I file the sworn denial of affidavit along with sending the plaintiff discovery or does one need to come before the other?

Is it a "Sworn Denial of Affidavit" or a "Motion to Strike Affidavit" that I would need to file?

Is there anything else that people usually file during the discovery period?

TIA!! You guys are great help for a scared newbie:)

Link to comment
Share on other sites

during discovery you can do one of two things as a defendant.

1)ask for documents that you think are relevant in your defense, or documents which they should have, or documents they allege they have;

or

2)ask for nothing, or simply ask for what documents they intend to present at trial. then at trial, you tell the judge the plaintiffs have no documents to substantiate their case, or, once discovery is over file a dispositive motion (usually summary judgment or similar)

i tend to use discovery when i know for sure they do not have a shred of evidence. you dont want to ask for things, especially with an OC, if there's a chance they'll be able to produce it.

the discovery tools that should be available to you are interrogatories, request for production of documents, and request for admissions (also called notice to admit)

look at the top of the forum for the sticky

http://www.creditinfocenter.com/forums/there-lawyer-house/307901-iterrogatories-utilize-when-dealing-oc-jdb.html

although not as extensive, here is a quick intro to request for admissions

http://www.creditinfocenter.com/forums/state-laws-case-law-sample-forms/306523-request-admissions.html

you should determine what your strategy is. whether its an OC or a JDB should be a factor in how you proceed with discovery.

Link to comment
Share on other sites

Thanks Jackson!

This is a JDB that I am dealing with. One of my biggest concerns is whether or not I should/can file a Motion to Strike Affidavit now.

I have to go to mediation during the discovery period, so I wasn't sure what I should do before hand or should I just go ahead and schedule it and see what they bring?

Link to comment
Share on other sites

what affidavit are you talking about?

i tried to read your first post and i don't see a detailed reference to the affidavit you are talking about.

but i tend to do those types of motions during the discovery period (im not sure what discovery related motions you can file during the discovery period.)

feel free to ask more questions, i hope you get more help

Link to comment
Share on other sites

The affidavit is the only piece of evidence that was attached to the papers that I was served. It is the basic BS type that I understand isn't really worth the paper that it is written on since the person that typed it (more than likely) doesn't work for the OC.

I just didn't know if I needed to file that before I send them admissions.?

I found a copy of the Georgia Civil Procedure Rules, but I don't see anything specific about what motions you can file and at what times. Does anyone know where I would find more specifics about that to make sure I am doing everything correctly for my state?

Link to comment
Share on other sites

The affidavit is the only piece of evidence that was attached to the papers that I was served. It is the basic BS type that I understand isn't really worth the paper that it is written on since the person that typed it (more than likely) doesn't work for the OC.

I just didn't know if I needed to file that before I send them admissions.?

I found a copy of the Georgia Civil Procedure Rules, but I don't see anything specific about what motions you can file and at what times. Does anyone know where I would find more specifics about that to make sure I am doing everything correctly for my state?

From what I am reading about GA, you have 30 days to file a MTS against the pleading/complaint. Also, it must be defective on the face as it appears the Courts of GA frown on striking any part of the pleading. If they move for MSJ you will get another chance at filing a MTS.

Here is a good case to get an idea of the requirements of a MTS for GA. I realize it my not be the most up to date, but it is a good read to learn from. Full of references also. google ROBERSON v. OCWEN FEDERAL BANK FSB

The mediation is a standard practice aimed to lighten the court dockets. They hope you will work things out. This is your choice in how you respond, they cannot force you to settle.

Keep close to thought the wise words of Jackson212 in reference made to:

1)ask for documents that you think are relevant in your defense, or documents which they should have, or documents they allege they have

Production of Documents can be a two edged sword, so use caution. If producing it will help your defense go after it, if not shy away and hope they do not produce the document when they need it.

I am more in the thought of Blusie admissions or interogatories. I have not fully read your RCP's but I also like the taking of a deposition written or oral.

Link to comment
Share on other sites

From what I am reading about GA, you have 30 days to file a MTS against the pleading/complaint. Also, it must be defective on the face as it appears the Courts of GA frown on striking any part of the pleading. If they move for MSJ you will get another chance at filing a MTS.

Here is a good case to get an idea of the requirements of a MTS for GA. I realize it my not be the most up to date, but it is a good read to learn from. Full of references also. google ROBERSON v. OCWEN FEDERAL BANK FSB

The mediation is a standard practice aimed to lighten the court dockets. They hope you will work things out. This is your choice in how you respond, they cannot force you to settle.

Keep close to thought the wise words of Jackson212 in reference made to:

1)ask for documents that you think are relevant in your defense, or documents which they should have, or documents they allege they have

Production of Documents can be a two edged sword, so use caution. If producing it will help your defense go after it, if not shy away and hope they do not produce the document when they need it.

I am more in the thought of Blusie admissions or interogatories. I have not fully read your RCP's but I also like the taking of a deposition written or oral.

Thanks so much! Where can I find this case that you are referencing so I can read up on it?

Link to comment
Share on other sites

would I need to go to a law library or is that sort of thing easily found on the internet....I can't seem to find it.

Go to Google Scholar. Type your search in the search box, then use the advance search option to choose Georgia courts. I found it as the top link.

Link to comment
Share on other sites

So I guess the MTS is a bad idea for Ga. I think I will just send them the admissions, see what they produce and then schedule the mediation.

Since it says that my discovery period is until September, does going to mediation before then end the rest of the discovery period? Do I need to make sure I file what I want BEFORE mediation?

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.