View Full Version : Discovery process in small claims
bailey2009
Feb 27, 2009, 09:51 AM
We filed a small claims suit against a contractor. Their attorney is on his third continuance to support the discovery process. Three questions: (A) on the request for admission, do I simply state Yes or No or is it OK to briefly outline facts to redirect the request for admission (the questions are slanted to favor the defendants) (B) how do I legally request discovery from them (ie: Defendant owes me a document that might help us bury him in court and we repeatedly requested it prior to filing suit). (C) Can I list a potential expert witness on their "list" before I know for certain that person will appear? Due to relocation, I don't know if I can get him to appear.
ScottGem
Feb 27, 2009, 10:02 AM
In most small claims courts lawyers aren't permitted. Small claims is generally more informal so you may not have to follow standard legal form.
bailey2009
Feb 27, 2009, 11:16 AM
That's also what we thought. After continuance due to the defendant's "duck the notice" game, he showed with an attorney who immediately requested a continuance to prepare. The magistrate is allowing this. We are now continued again and the request for discovery delivered to us. We have to comply by law and Magistrate told us we have 28 days to respond to the lawyer's request for discovery. So, how do we make the same reqeust of the defendant without hiring an attorney?
ScottGem
Feb 27, 2009, 01:11 PM
Copy what they sent you and send it back.
I would also research the rules for small claims in your area. If having an attorney is not allowed you can ask the magistrate to request that he leave the courtroom.