what to expect in a discovery response

hopemd · #1 Oct 23, 2007, 03:20 PM

Good day,
I live in Maryland and I have been summoned to appear in court for a credit card debt. I have filed a motion of intend to defend and filed for discovery. The plaintiff's attorney sent me a telemarketing transcript as a substitute for the signed contract that I requested. They also sent me a few statements, an affidavit of sale, a bill of sale, a certificate of assignment and an account summary statement. Can the telemarketing transcript substitute the a signed contract or a recording.
They also filed a notice of intention to introduce business records under Maryland rule 5-902(a)(11).(b) - Any idea what that entails? Does it pertains to the documents they have provided me or does it refer to other documents?
My last concern is that they never answered my questionnaire this is the second time they send me a pile of documents most of which I received with the summon. Isn t it that they have to respond to every single question in the discovery statement.
Thanks in advance for your time and assistance

mr.yet · Oct 24, 2007, 02:53 AM

IF they did not provide what you request in discovery, file motion to compel in the court.

NOw since they stated MD rule 5-902, file another disocvery request the evidence they plan to use

Here is Maryland rule you noted

Maryland Rule 5-902(a)(11) provides:

(a) Generally. Except as otherwise provided by statute, extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

* * *

(11) Certified Records of Regularly Conducted Business Activity. The original or a duplicate of a record of regularly conducted business activity, within the scope of Rule 5_803(b)(6), which the custodian or another qualified individual certifies (A) was made, at or near the time of the occurrence of the matters set forth, by (or from information transmitted by) a person with knowledge of those matters, (B) is made and kept in the course of the regularly conducted business activity, and (C) was made and kept by the regularly conducted business activity as a regular practice, unless the sources of information or the method or circumstances of preparation indicate lack of trustworthiness; but a record so certified is not self_authenticating under this subsection unless the proponent makes an intention to offer it known to the adverse party and makes it available for inspection sufficiently in advance of its offer in evidence to provide the adverse party with a fair opportunity to challenge it.

hopemd · Oct 24, 2007, 10:48 AM

Thank you for your answer, my court date is next Wednesday. These are my questions:
1- Could it be that the intention to introduce business records is for the telemarketing transcript that they are adding to their package?
2- If I send another discovery today, a week before the court date, Could they argue that they are not given enough time to respond to it.
3- At this point how do I go about getting the court to postpone the hearing.
4- If that is not possible now how do I ask for a postponement while at the hearing.
Thanks for addressing my concerns.

mr.yet · Oct 25, 2007, 03:27 AM

Quote:

Originally Posted by hopemd

Thank you for your answer, my court date is next Wednesday. These are my questions:
1- Could it be that the intention to introduce business records is for the telemarketing transcript that they are adding to their package?
2- If I send another discovery today, a week before the court date, Could they argue that they are not given enough time to respond to it.
3- At this point how do I go about getting the court to postpone the hearing.
4- If that is not possible now how do I ask for a postponement while at the hearing.
Thanks for addressing my concerns.

Remember this in court, the plaintiff must be present to testify against you, no plaintiff ,no case. anything the attorney stated in brief or oral arguement is hearsay and you should objection on those grounds. A addidavit is no good unless you have the opportiunty to cross the witness, no witness, no claim, no signed original contract, no claim.

Do not be afraid to speak up and objection.

hopemd · Oct 25, 2007, 07:30 AM

Thanks Mr Yet. I will do. I am gonna try to attend other public hearings to get a feel and know what to expect. Would that help?
I reviewed the documents they sent me and I still feel that they did not answer all the questions. Should I file a motion to compel? Once I file it then what? Do they have to bring the answers or else there is no trial. Where do we go from the moment I file the motion to compel. I understand the notice of intend to defend and the discovery that I have already done but I don t know the effects of filing a motion of intend to defend less than a week before the trial.
Thanks again for your time .

hopemd · Oct 25, 2007, 08:21 AM

Judy, It s not a recording, They called it telemarketing application. It has my name and contact information. They gave that to me in response to my request of a signed contract or a voice recording.
Thanks for responding.

hopemd · Oct 27, 2007, 03:13 PM

I didn t really used the money, it appears that my older cousin used my info to open small balance credit cards. I wasn t sure that this was one of them. Now it s catching up on me that s why I was insisting on the burden of proof. I can t prove that it s not me cause they don t have a contract with a signature but a telemarketing application that has my personal info. I was told to file a police report but for one I don t have my estranged cousin's info and for two even if I knew where she is, I don t know that I could report her. I feel terrible about this cause I don t have enough time before the trial and it seems like I have no defense anyways.
Thanks for your help and insight.



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