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Need help with writing up a request for Discovery


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I need help in writing up my request for Discovery. I sent a BoP which wasn't completed by the plaintiff, but instead sent me a request for a 45 day extension; which I replied to today with a meet & confer giving them 10 days.

Is there a sample discovery request?

I'm so new at this.

You guys are awesome.

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The civil equal to a motion to suppress on the criminal side.   It's basically an argument on why any evidence associated with the motion should not be admissible at trial.   Generally speaking on the civil side it's because the other side did not turn something over or produce something as opposed to misconduct or a violation of your rights as is the case on the criminal side.  

 

Your goal is to get evidence that is a required element(s) of proof for there case and then you have defeated their case because they are left with no way to meet the elements of proof for their case.  

 

For example if you get the bill of sale or their proof that they own the account (standing) precluded then you can admit (if you wanted) that you owe the money but then simply challenge their standing since you've already, pre-trial, had their standing proof (element) precluded.  So then they are left with no way to prove the element of standing and your admission that you owe the money is worthless to them because they can't prove you owe it to them.  

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Hi. Calawyer told e to send a meet & confer. What is a motion to preclude? I gave them extra time to answer the meet & confer, but not 45 days.

This is asking the courts to exclude from trial any evidence with respects to your Bill of Particulars, so all the statements from date it was opened to date of default. That is why a m&c letter is important. You're showing the courts you are trying to work it out w/the otherside and since they didn'tcomply you now have to ask the courts to step in, and the courts will give them ample time to provide you with docs and if they don't comply with court's order then it will be precluded. Now this all depends whether your Judge in your case is all for BOP, some don't see bop as pre-discovery and will just order you to initiate discovery. That's still okay.

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