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How to Answer Plantiff's General Objection to Request for Production

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I sent a Request for Production via paper format to the Plaintiff and they sent back a general objection citing MO Supreme Court Rule 57.01 that is had to be sent in a common electronic medium....

My questions is do I send the same request to the Plaintiff and copy the court again? There has been one court date since I filed the request and the plaintiff never mentioned the object to the request.

Appreciate any thoughts on the matter. Court date is 9/27.

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According to that rule, you have to provide them with an electronic copy of your discovery requests.   I am presuming this is so they do not have to type each of your requests out when they are answering.   It's a proper objection.   

You have a trial on 9/27 or just some pretrial hearing?   It's awfully late for discovery if that's a trial date.

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I agree it's a proper objection. The hearing is a pretrial hearing on 9/27. The plaintiff waited almost the full 30 days after I sent my Request for Production (Certified Mail / Return Receipt) to send the General Objection. I was looking at Local Court Rules on discovery and not Supreme Court Rules when I did the Request for Production sending it the way I did.

Do I just send the request again via email (since they provided an email address) and file a Certificate of Service with the court?

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38 minutes ago, kcartchick said:

I agree it's a proper objection. The hearing is a pretrial hearing on 9/27. The plaintiff waited almost the full 30 days after I sent my Request for Production (Certified Mail / Return Receipt) to send the General Objection. I was looking at Local Court Rules on discovery and not Supreme Court Rules when I did the Request for Production sending it the way I did.

Do I just send the request again via email (since they provided an email address) and file a Certificate of Service with the court?

The rule says email attachment is fine as long as it is in a format where they can open it in a word processing program.    

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11 minutes ago, neweuquol said:

The rule says email attachment is fine as long as it is in a format where they can open it in a word processing program.    

Is there any special wording that should be used?

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Just now, kcartchick said:

Is there any special wording that should be used?

You have to send him a digital copy of your requests.   Send him a read only copy of what you typed before you printed out.  That's it.    For the certificate you will need to read the rule.   I did not read the entire rule.

if you have a trial date on 09/27, this is likely for nothing because they probably do not have to answer before then.   In Louisiana, discovery deadlines would be LONG over.   I do not know about Missouri.   At least here, you cannot wait until just before trial to try to get documents from the other side.   If that is a discovery conference or pretrial, that's a different story.

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7 minutes ago, neweuquol said:

You have to send him a digital copy of your requests.   Send him a read only copy of what you typed before you printed out.  That's it.    For the certificate you will need to read the rule.   I did not read the entire rule.

if you have a trial date on 09/27, this is likely for nothing because they probably do not have to answer before then.   In Louisiana, discovery deadlines would be LONG over.   I do not know about Missouri.   At least here, you cannot wait until just before trial to try to get documents from the other side.   If that is a discovery conference or pretrial, that's a different story.

Cool. It's not a trial date, its a pre-trial discovery date of 9/27. Missouri makes it very hard to be a ProSe defendant - but I'm rapidly learning! Thanks!!

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4 minutes ago, kcartchick said:

Cool. It's not a trial date, its a pre-trial discovery date of 9/27. Missouri makes it very hard to be a ProSe defendant - but I'm rapidly learning! Thanks!!

That is a little different so go ahead and send the discovery,

I know this will be an unpopular opinion but it should be not easy.   You are acting as your own lawyer and aside from showing you where to file things you should not get any special treatment.   Trust me, even as an attorney, when I first got out of law school I need checklist for questions to ensure I did very simple things to establish a piece of evidence's foundation.   

Once we start treating pro se litigants with special gloves then where does that leave us?   Do we now how to treat the less than bright attorneys with kid gloves?

Legal rules and concepts are complicated.   That's why lawyers are "expensive."

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 I've not asked the court or the Plaintiff for any special treatment. I'm not asking to be treated with "special gloves". I also didn't ask a question or make a comment to be condescended to on this site.

Great you're a lawyer - bully for you. I'm a smart, capable human (who coincidentally scored a 160 on her LSAT and was accepted as Washburn University but choose not to pursue law) being who asked a question in a forum. If  it offends you to deal with people who are not legal professionals and don't hire self-righteous, arrogant, "expensive" lawyers then perhaps you should refrain from using the internet.

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50 minutes ago, kcartchick said:

 I've not asked the court or the Plaintiff for any special treatment. I'm not asking to be treated with "special gloves". I also didn't ask a question or make a comment to be condescended to on this site.

Great you're a lawyer - bully for you. I'm a smart, capable human (who coincidentally scored a 160 on her LSAT and was accepted as Washburn University but choose not to pursue law) being who asked a question in a forum. If  it offends you to deal with people who are not legal professionals and don't hire self-righteous, arrogant, "expensive" lawyers then perhaps you should refrain from using the internet.

You were asking for special treatment and to be treated with "kid gloves."   You made the comment " Missouri makes it very hard to be a ProSe defendant."   That is asking that things be easier for pro se litigants.

The rule you asked about is clear and not hard to follow.   Wait until you're in the middle of trial and you have no idea what question to ask your witness to authenticate a document because the attorney on the other side is being an asshat and objecting to something he normally would not have to object to.   Or when you cannot get a critical fact from a witness because you have not laid a foundation to overcome a heresay objection.

I see it every day.   Pro se litigants not wanting to pay a lawyer $1,500 because that is too expensive then complaining because the judge would not help them because "i am not a lawyer!  I did not know the record certification did not contain a phrase I needed."     The reason a judge harps on you time after time to get a lawyer is because he sees it every day too and I imagine it has to be frustrating to see people not be able to show their side of the story because they have no clue what they are doing because they think they understand what the "business records exception" to the heresay rule means.   

Some people refuse to hire me because I am "rude."  I just call it as I see it.   If you royally screwed your case I am going to tell you that your "great case" is toilet paper and it's because you did not file the appropriate motion or submit a critical document.    Some people do not like to hear that the reason their case that was a good case at one time is now garbage because of them but they need to hear it from me (or someone else) before they waste their money on an appeal.   I rather they think I am a jerk than to take $3,500.00 or more for an appeal, have them lose the appeal, then have them think I am a dishonest jerk and they then file a bar complaint.   There are a lot of people who can call me a jerk and I will say that they are justified in thinking that but no one can ever call me dishonest.   I will take it.

You made a 160 on the ACT and got into law school, that's great.   Washburn is another law school I never heard of cranking out lawyers.   They probably have really great lawyers coming out of Washburn but they probably have a lot of pretty bad ones too.   

I know I am railing against pro se litigants right now but lawyers that are less than capable are even worse and there are a lot of them.

I can post where ever I want and you can do the same.   Just do not expect "puppies and rainbows" every time you post when I can take less than 20 seconds and a google search bar to answer your question.   You probably are smart because a 160 is above average for a LSAT score but you do not have legal training and you are not yet able to anticipate simple legal procedural issues as evidenced by the fact you did not think to check local rules to see if there were any special conditions attached to what you are doing.

I handle some cases where the other side is pro se and I will not say it happens everytime, but it happens a lot where my email will alert me of a new fax - with a "gotcha filing" from a pro se litigant that is far, far too late.   I actually got one Friday.   It's obvious some pro se litigant did a google search and found some case (that is no longer good law because I looked into it already) and thought "I got that attorney!!!! I am filing a declinatory exception for insufficiency of service of process."

1st he waived that exceptions in 2014 when he filed his 45 rambling pro se answer,  2nd he is way off base because the law says I only have to request service be made in a certain period and I requested it with the petition/complaint and I am not responsible for the fact he successfully dodged service for 7 months, and 3rd even if it were a valid defense he did not waive, he is way past the motion deadline in the scheduling order.

Now because of this new development, I had to call my client (on a holiday weekend) and tell her that her retainer is going to be a little lighter because of this filing and no I cannot do anything about it except object to it and get it kicked.   She has to pay for this baloney because I am typing a response on Labor Day to something I should not have to deal with but since I am always honest with my clients this is not something she was angry about because I warned her she might have to pay for meritless filings from a pro se litigant.  

I wish I could say that experience with pro se litigants is not typical but sadly it is.   Many do a good job but most have no clue and make things so much more expensive and complicated than it has to be and then have the nerve to expect special treatment from the court.    Try coming up with the court ordered joint trial benchbooks the court wants with a pro se litigant.  

It does not offend me that people do not want to pay a lawyer.   It offends me when someone goes at it alone then rails against the legal system for not "being fair" when they mean I did not get special treatment.    I do not know about you but most pro se litigants I see in court want special treatment.   They ask a judge "but what do I ask" and then get upset when the judge just looks at them and asks "do you have anymore questions for this witness."   If you do not want to pay a lawyer $1,500 to start your case, do not blame the judge, legal system, or even opposing counsel when you lose your case because you cannot follow a simple procedural rule that the attorney would have taken care of long before trial.

 

Edited by neweuquol
Too many typos

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1 hour ago, kcartchick said:

I've reported you for harassment. Please do no answer on this thread again.

You would have been a terrible lawyer.   Thank you for not going to law school.   That was not harassment.

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I tried to be helpful.   Then you threw it out there that you scored an average score on the LSAT and got into a law school that takes every warm body that can sign a student loan check.

Frankly, I would have it alone but you make it too easy.

So Ms. I could be a lawyer if I really wanted to.   Have you bothered to read the rule?   If so, you would have seen it gives clear examples of what qualifies as a digital copy including email.  So you either did not read the rule after it was cited to you (bad lawyering) or you did not comprehend it (even worse lawyering).   

I am sorry I am not all rose petals and sunshine and I am probably the first person to tell you something you needed to hear rather than what you wanted to hear.

Good luck in your case.   I really want you to be successful.  I was only "mean" to you so you can see you really have nothing figured out when you probably thought you had everything figured out (I remember being a college senior when I got my acceptance letter to Tulane Law).

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This is my last post:

1.  I know you made an average score on the LSAT.

2. I know you got into a law school that anyone on this board can get into.

3.  I know that you think 1 & 2 makes you smarter than the rest of the world.

4.  I know that you do not have the legal skills you think you had/have because you cannot read simple plain English court rules on discovery.

5. I know that you cannot take constructive criticism.

6.  I know that this is probably the first time someone has ever told you that you are not the greatest thing since sliced bread and that apparently upsets you.

7. I know that I do not want to know anything else.

For what I think will happen?

I think you will carry on thinking you know everything.   I think you will eventually find yourself in court and if you do not take my advice you will fail miserably and get a judgment against you.   After that happens, I think you will blame everyone but yourself.

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I am not being a bully.   I am giving you straight talk.   If you think I am being a bully, just wait until you are in court and the attorney on the other side objects to every question you ask because you have no clue what you are doing and he/she takes full advantage.   

I wish you luck.

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18 minutes ago, kcartchick said:

I've contacted the moderators. You're being a bully. STOP IT.

I don't like this guy anymore than you do but really you are the one being ridiculous.  I get accused of the same thing because I refuse to sugar coat the turd before I deliver it but he isn't bullying you and I have known the moderators long enough this isn't even close to where they would intervene.  

The reality is (whether you like it or not) you have to be prepared for this kind of adversarial interaction court.  If you can't handle being challenged on the internet where it isn't even face to face what are you going to do when you are staring at the Judge face to face and the entire court room gallery, bailiff(s), clerk, and opposing counsel are staring you down?  The judge, clerk, and opposing counsel are not your friends and they are not there to help you.  Some pro-se Defendants get lucky and the Judge does all or part of their job for them but you cannot count on that happening.  You need to be VERY prepared to effectively argue your points and defenses without appearing weak and inexperienced.  The court will not be amused if you try and tell the Judge or opposing counsel to "stop it you are just a bully."

The last thing to remember:  this is a public forum on the internet.  You do not get to pick and choose who answers or how.  If you don't like what someone is saying don't read it.  It is that simple.  There is an ignore feature on this site where you can block his posts and you no longer see them.  USE IT if you are that offended.  I recommend you don't though because the other piece of sage advice I can offer is you are likely to see any help dry up after enough of the long time volunteers here see you whining and complaining when you aren't told what you want to hear. (and yes, that is what you are doing) Not to mention the advice you are getting from @neweuquol is spot on for how the court is going to treat you.  

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Good God I'm sorry I ever ran across this hole of rudeness. Simplest and easiest thing to do is and what I'm doing is deleting this thread and deleting my account. Perhaps you're just both sorry excuses for lawyers who lose cases everyday and this is where you come to feel superior. Either way - karma is a real bitch and I'm sure both of you will get a lovely helping of it if you haven't already.

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