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Request for Production of Documents letter


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I was not able to find much in ways of rules for the Magistrate court my case is being held in. Website was not much help...dead links galore. The clerks were also not helpful, however, accepted all the documents I gave to them:

Answer to Complaint

Affirmative Defense

Request for Production of Documents

Notice of Appearance

I sent everything to the Attorney as well. About a week later I received a letter from JDA stating:

Pursuant to Uniform Magistrate Rule 40, such discovery requests are not only disfavored by the courst but they are also considered a nullity when files without leave of court.

Otherwise please contact our office should you wish to discuss some sort of settlement to this matter.

Any advice would be helpful!

Thanks!

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I don't recall which thread I was reading through...there were so many. It appears there are some threads in here that didn't/don't state whether the case was State or Magistrate.

If they are not allowed, why did the Magistrate Clerk know what it was and furthermore, stamp it and allow it to be filed? They were not much help when I was requesting rules, documents to fill out. Again, I checked the county website but it had a few dead links that did not get anywhere.

It wasn't until I received the letter stating an actual rule that I was able to google it.

So, since I did not receive any letters until after I was served, there was no time to send a VofD letter. How can I build a case for defense if I don't know what the Plaintiff has for documentation? How does one proceed to gaining this information prior to the trial?

Too little time to research this with the type of job I have.

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I don't recall which thread I was reading through...there were so many. It appears there are some threads in here that didn't/don't state whether the case was State or Magistrate.

If they are not allowed, why did the Magistrate Clerk know what it was and furthermore, stamp it and allow it to be filed? They were not much help when I was requesting rules, documents to fill out. Again, I checked the county website but it had a few dead links that did not get anywhere.

It wasn't until I received the letter stating an actual rule that I was able to google it.

So, since I did not receive any letters until after I was served, there was no time to send a VofD letter. How can I build a case for defense if I don't know what the Plaintiff has for documentation? How does one proceed to gaining this information prior to the trial?

Too little time to research this with the type of job I have.

The clerks are not allowed to give legal advice. It could possibly be they either don't know the rules, or telling you that you couldn't submit the request might be considered legal advice.

I assume this is the JDB lawsuit. What evidence did they include, if any, with the Complaint?

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The clerks are not allowed to give legal advice. It could possibly be they either don't know the rules, or telling you that you couldn't submit the request might be considered legal advice.

I assume this is the JDB lawsuit. What evidence did they include, if any, with the Complaint?

I emailed the clerks a few times asking for forms. As you mentioned, they said they were not able to give legal advice.

However, since I just recently found the Court Rules I read this:

D. Authorized information and assistance. When a pro se court user seeks help--excluding

legal advice--court or clerks' staff should respond to questions to the best of her or his ability.

Court and clerks' staff are authorized to:

1. Provide public, non-privileged, information contained in:

a. dockets or calendars

b. case files

c. indexes, and

d. other reports.

2. Recite common, routinely employed:

5

a. court rules,

b. court procedures, and

c. administrative practices.

3. Tell the pro se litigant that Georgia statutes can be found in the official Code of Georgia and

rules of procedure can be found in the Uniform Magistrate Court Rules 6. The Clerk should not

perform legal research or point the litigant to any specific Title or Rule.

4. Identify forms that might meet the needs of the pro se litigant, and provide forms that the

Court has prepared for use.

6

5. Answer questions about how to complete forms (e.g., where to write in particular types of

information), but not questions about how the litigant should phrase his or her responses on the

forms.

6. Define terms commonly used in court processes.

7. Provide phone numbers for lawyer referral services. (See Exhibit A.)

They were very nice when I went into the office!! I found it strange they could not provide me any forms and that I was left to fend for myself to get that info. It clearly states in their rules they can Identify forms, and can provide forms that the Court has prepared for use.

Anyway, little late for all that now.:lol:

To answer your question:

I received absolutely nothing with my Summons. The Complaint made mention to account number, some amount, and the usual blah blah that they put on everyone else's Complaint on here (from what I've read anyway).:lol: So for all I know this JDA/B they are representing are just Joe Smoe's that gained some sort of information...as if they were someone that walked up to me on the street demanding money or else! I have been given NO info, no proof as of this day, with a trial set in the next two weeks.:confused:

Of course I listed this in my Affirmative Defense.

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If it were me, I'd be preparing arguments for any "evidence" the JDB may bring to the hearing.

If they provide a bill of sale or bill of assignment, more than likely it won't reference your name or account number. Have case law ready to refute that bill of sale. In WIRTH v. CACH, LLC. 300 Ga. App. 488, 685 S.E.2d 433 (2009), the GA Appellate Court stated "Moreover, there is no contract or Appendix A appended to the Bill of Sale which identifies Wirth's account number as one of the accounts Washington Mutual assigned to Cach."

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I just came across this bit of info straight from the Court Magistrate rules.

Rule 40. Pre-Trial Discovery

Use of OCGA §§ 9-11-26 through 9-11-37 for purposes of pre-trial discovery in the magistrate

court is not favored; however, requests for such discovery may be entertained when made by

joint request of all parties. Requests for use of these provisions may also be allowed for

preservation of testimony, obtaining evidence from out-of-state, minimizing expense and similar

purposes in order to do substantial justice or lessen the expense to the parties.

No party or attorney may file any discovery request pursuant to OCGA §§ 9-11-26 through 9-11-

37 without permission of the court; any such filing shall be a nullity.

Where discovery is permitted by the magistrate court, the magistrate may nevertheless decline to

rule on a motion pursuant to OCGA § 9-11-37 in which case such motion may be renewed upon

de novo appeal.

Adopted effective October 28, 1993

Since the JDB, and or OC is out of state. Am I reading the rule wrong or does it say it could be allowed to obtain evidence from out-of-state? It also goes on to say it could be declined anyway.:confused: So it appears it could be up to the judge...correct? How would one go about getting permission from the court?

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If it were me, I'd call the clerk of court's office, and ask if there's a form for requesting permission from the court to request discovery. If there's no form, ask them how you would go about requesting permission. You're not asking for legal advice. You simply can't find the information in the rules, and you want to know the proper procedure.

Based upon my own experience and depending upon the person to whom you're speaking, sounding pitiful sometimes helps. xangelx

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If it were me, I'd call the clerk of court's office, and ask if there's a form for requesting permission from the court to request discovery. If there's no form, ask them how you would go about requesting permission. You're not asking for legal advice. You simply can't find the information in the rules, and you want to know the proper procedure.

Based upon my own experience and depending upon the person to whom you're speaking, sounding pitiful sometimes helps. xangelx

Yeah I think you are right. When I emailed in, I got the "we can't give legal advice" though all I was asking for were forms. Then when I called in, the girl was really nice and understanding. Then in person the other girl in the office seem'd pretty nice as well.

I guess I figured since they do this stuff daily, they would have told me that the Request for Production was not allowed without permission per rules. At no time did they provide any links or paper work providing rules.:confused::lol:

I will give them a call and see what the say!:neutral:

I just scrolled through the rules that I was able to find. I didn't see much in the way of Evidence rules. Only thing it appeared to touch base on was how Evidence is handled within the Court proceedings.

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Yeah I think you are right. When I emailed in, I got the "we can't give legal advice" though all I was asking for were forms. Then when I called in, the girl was really nice and understanding. Then in person the other girl in the office seem'd pretty nice as well.

I guess I figured since they do this stuff daily, they would have told me that the Request for Production was not allowed without permission per rules. At no time did they provide any links or paper work providing rules.:confused::lol:

I will give them a call and see what the say!:neutral:

I just scrolled through the rules that I was able to find. I didn't see much in the way of Evidence rules. Only thing it appeared to touch base on was how Evidence is handled within the Court proceedings.

Just in case your request for discovery is denied, prepare your arguments to any possible evidence with case law to back up those arguments.

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