Originally Posted by
uniqueness211
work related. i need documents from former employer to prove i didnt get paid. the clerk told me to file first then ask for discovery. she told me to file for $6000, the max, since i didnt have the documents on hand to determine the exact amount.
i was told continuance requests are to be made at least 24 hours before court date.
what happens when defendant are held in contempt of court? will i win the 6k in default judgement?
also, the hearing is in response to "defendant files request for contested hearing". because its a contested hearing, does that mean that they dont want to hand over discovery and the hearing is just for deciding whether they have to? or does "contested" mean they are just against my claim?
OK, I suggested that you ask for a continuance at the hearing because, it being small claims, it seemed to me that this would be handled informally. But if you were told that you should file for a continuance ahead of time, by all means do so.
File that with a motion that defendant show cause why it should not be held in contempt of court. Yes, one possible remedy, if the court finds the defendant to be in contempt, might be to establish the liability for the $6,000.
It appears that the "contested hearing" is to try the case, not just to decide the discovery issue. Without seeing all of the documents in the court fille, and without being familiar with the local practice, that is merely my informed guess. If this were a regular case, and not a small claims one, you would definitely file a motion to compel discovery (but I am assuming that the judge has already issued an order requiring the defendant to give you the discovery you have requested), as well as a motion to show cause, a motion to continue, and a request for a separate hearing on these pre-trial issues.