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kris35475
May 26, 2007, 08:52 AM
In addition to my thread below, I received my small claims court date for the end of June. Midland is being represented by a local attorney. I am filing my intend to defend on Monday. I want to also send a discovery for documents (ex. Contract, payments, proof of last payment). Should I do this or just wait until court to ask for this. I don't want the judge to thik I did not try to get the info. Also, you think I should do this do I file a copy with the court and send a copy to the Attorney or just send it straight to the attorney. Also since Midland is being represented the attorney I don't need to send one to them right?

Thanks,
Kris35475

excon
May 26, 2007, 10:01 AM
Hello kris:

Each court has its own rules and procedures. They're NOT all the same. If you want to know the rules for YOUR court, you can probably buy them at your local college bookstore. Look for the "Rules of Civil Procedure" for the district you're in.

That said, it sounds like you're doing a pretty good job so far. No matter what the rules are, you're certainly not going to be disqualified for sending TOO MUCH information. If you're not sure, then err on TOO MUCH. Disclosure is the idea.

Yes, make your request for documents NOW. Send the request to the attorney and a copy to the court. Send it certified, return receipt requested.

Go kick butt, girl.

excon