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Process of Discovery


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So I've been reading Indiana Civil Rules. I see the methods that may be used in discovery etc. However, I am confused as to one thing.

Do I request Discovery and then separately file the interrogatories

or

Do I just do the interrogatories without requesting Discovery as it is the next natural process?

I think Motion to Compel is when you've already sent them something and they haven't answered, whereas I'm just beginning the process and haven't sent anything out.

I think what the below is saying is that you can't file for discovery if under Rule 26c (a protective order) is put in motion. Other than that I don't know basically if I just start the interrogatories and file them or if I have to be granted the right to a discovery phase......so confusing. Any help is appreciated. You guys are very helpful for someone who doesn't know much in regards to this legal stuff. :?

(E) Filing.

(1) Except as otherwise provided in subparagraph (2) hereof, all pleadings and papers subsequent to the complaint which are required to be served upon a party shall be filed with the Court either before service or within a reasonable period of time thereafter.

(2) No deposition or request for discovery or response thereto under Trial Rules 27, 30, 31, 33, 34 or 36 shall be filed with the Court unless:

(a) A motion is filed pursuant to Trial Rule 26© or Trial Rule 37 and the original deposition or request for discovery or response thereto is necessary to enable the Court to rule; or

(B) A party desires to use the deposition or request for discovery or response thereto for evidentiary purposes at trial or in connection with a motion, and the Court, either upon its own motion or that of any party, or as a part of any pre-trial order, orders the filing of the original.

(3) Custody of original and Period of Retention:

(a) The original of a deposition shall, subject to the provisions of Trial Rule 30(E), be delivered by the reporter to the party taking it and shall be maintained by that party until filed with the Court pursuant to paragraph (2) or until the later of final judgment, agreed settlement of the litigation or all appellate rights have been exhausted.

(B) The original or any request for discovery or response thereto under Trial Rules 27, 30, 31, 33, 34 and 36 shall be maintained by the party originating the request or response until filed with the Court pursuant to paragraph (2) or until the later of final judgment, agreed settlement or all appellate rights have been exhausted.

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A motion to compel is when the other side does not answer or their answers are b.s. (which usually they are). You do the MTC after there is a dispute (which there likely will be).

A protective order just means one party is asking the Judge to make another party get permission for discovery. If you hit them with tons of requests that violate a rule they can get a protective order.

You need to make sure your admissions, interrogatories, and request for production of documents are all sepearte and done per the rules. Looks like, as it is most of the time, discovery does not go through the court.

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I get it. So it's stating that no discoveries will be filed in court unless: etc, etc.

So under (B) A party desires to use the deposition or request for discovery or response thereto for evidentiary purposes at trial or in connection with a motion, and the Court, either upon its own motion or that of any party, or as a part of any pre-trial order, orders the filing of the original.

I should file a copy with the court if I intend to use the discovery questions for evidentiary purposes correct?

I thought that all copies of correspondence have to be filed in the Court under this rule:

Rule 5. Service and Filing of Pleading and Other Papers

(A) Service: When Required. Unless otherwise provided by these rules or an order of the court, each party and special judge, if any, shall be served with:

(1) every order required by its terms to be served;

(2) every pleading subsequent to the original complaint;

(3) every written motion except one which may be heard ex parte;

(4) every brief submitted to the trial court;

(5) every paper relating to discovery required to be served upon a party; and

(6) every written notice, appearance, demand, offer of judgment, designation of record on appeal, or similar paper.

No service need be made on parties in default for failure to appear, except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided by service of summons in Rule 4.

I just want to make sure that I request discovery with the court if I have to

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Discovery is not a pleading. Pleadings are motions, answers to the complaint, objections, etc. Discovery is strictly between you and the other party. There is no court involvement. They are probably referring to the process that takes place if they don't answer. I have my own take on this, it differs a bit from the other member's take. What do you want to find out? Production of documents is really all you need at this point.

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Discovery is not a pleading. Pleadings are motions, answers to the complaint, objections, etc. Discovery is strictly between you and the other party. There is no court involvement. They are probably referring to the process that takes place if they don't answer. I have my own take on this, it differs a bit from the other member's take. What do you want to find out? Production of documents is really all you need at this point.

Well, I'll try to make a long story short. I do owe money to someone. I just don't think they are telling the truth on who it is I owe.

1. The summons case number I got which has my name on it, when looked up in court case files belongs to someone else, with a different Plaintiff

2. The complaint case number does indeed reflect my information

3. The Plaintiff address on attorney complaint reflects Trak america address

4. Upon recorded phone call to attorney, they say Dell Computers is the owner and FIA finances for them.

5. Rec'd Addendum to Affidavit of Debt with a letter attached saying attorney made a mistake. However, the Addendum is dated 10/12/11 while the Affidavit of Debt is dated and notarized 11/1/11.

It's really confusing. All I want is to deal with the real person, not all this weird stuff.

As to your question I want to know who really owns my debt so I don't go paying someone else. I want to know why an addendum which is supposed to come after is dated before. I want to know why all these other people are telling me its Dell computers then no it's not Dell it's FIA. On behalf of whom?? Hope this makes sense... :?:

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There are specific rules for your state and there even may be local courthouse rules in addition. You must adhere to those rules.

Some consumers like to propound discovery slowly, a few questions at a time. Sometimes the opposition will miss a deadline and you'll be able to have potential evidence precluded by procedure.

There are some samples in the link below.

Sample Discovery Requests

I'm sure there are other samples around here somewhere, other may chime in and point them out.

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There are specific rules for your state and there even may be local courthouse rules in addition. You must adhere to those rules.

Some consumers like to propound discovery slowly, a few questions at a time. Sometimes the opposition will miss a deadline and you'll be able to have potential evidence precluded by procedure.

There are some samples in the link below.

Sample Discovery Requests

I'm sure there are other samples around here somewhere, other may chime in and point them out.

Thank you for the link. That information was very helpful. I was trying to figure out how the format should look. So once I send out the request for production of documents, how long do I wait for Interrogatories? Should I do everything pretty much quickly after the other?

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Thank you for the link. That information was very helpful. I was trying to figure out how the format should look. So once I send out the request for production of documents, how long do I wait for Interrogatories? Should I do everything pretty much quickly after the other?

One thing I would recommend:

If your court has their "rules" listed online, then I would read them very very carefully in regards to discovery. My court doesn't have their "rules" listed online, so I was using the OK rules of civil procedure, which said I could have as many as 30 ROGS, PODS and ADMINS and there could be multiple sets sent off. On the day I had set to mail off my discovery, I went to the courthouse and they printed up their "rules" for me, while reading through, I found that my local courthouse limits discovery to 30 TOTAL all together. And that only one set was to be used unless otherwise agreed to by the court. SO GLAD I didn't mail them off before I got the court rules.

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Interrogatories are generally a waste of time in credit ard cases unless you have a good understanding of the law and have a very specific strategy in mind. Otherwise, they will produce nothing of value.

Ask for the original signed contract and application for credit with Dell. Ask for the order proving you made a purchase, and proof of delivery of same. (fedex tracking, etc) Ask for a history of the account from day one showing all charges and payments made. Ask for any contract or agreement you signed in which you agreed to be financed by FIA. FIA is Bank of America, a national bank whose CC operation is located in Delaware, and they can rob you blind with any interest rate they want. They have to have disclosed this to you, otherwise it is a Truth in Lending violation.

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