I attended a PRE-TRAIL CONFERENCE in Small Claims Court on a landlord-tenant issue. The defendant did not show, but was represented by an attorney. The attorney asked the judge for time to do discovery and request documents from me. I agreed to the discovery and the judge scheduled another PRE-TRAIL CONFERNECE for 90 days out. I then received a letter from the defendant's attorney asking that I produce items I intend to use at trail. The judge said that the attorney would also have to provide me the same discovery. How do I make the request to produce to the attorney? Is there a format I can use to request the items without having an attorney? If so, am I required to file this document at the courthouse after sending to the attorney?

Thanks for the quick response. I was not clear. The tenant is not in the property. I filed in Small Claims Court for past rent, re-ental fees for early lease termination, and cleaning. They filed a counter-suit requesting their security deposit be returned because in the attorney's words, "The Plantiff did not notify the tenant where the security deposit was being held and failed to comply with other requirements of Florida Statue 83.49." Location of the security deposit was clearly included in the lease agreement. The tenant had already agreed to release the security deposit (via e-mail) to me for terminating her lease. She then vacated/abandoned the property without giving me proper notice which negated the requirement that I send her the secuirty deposit notice outlined in Florida Statue 83.49. I am a homeowner who manages two of my personal properties. I just want to know if I should request documents from the other side since they requested documents from me.

I am sorry, Larry, who answered you ? I see no other answer in this thread ? Did someone send you a PM or email ?

Chuck, supermoderator

Yes, I did get a response... pasted below:

You're fighting in a venue at a disadvantage. Your competitor knows the rules and is using him to his advantage. Delay, delay, delay... the longer the proceedings go on, the longer his client stays presumably rent-free.


You should not be handling this on your own. Consult with an attorney as soon as possible.

Stephen Orchard
Law Offices of Stephen Orchard
2255 Glades Road, Suite 324A
Boca Raton, FL 33431

Hello Larry:

While we ordinarily like to have the answers posted publicly, it's not a requirement.. Plus, his advice is good, and he didn't solicit for himself which would have been against the rules.. He just let you know that he's a lawyer, and I presume he's available for hire.

excon

Quote:

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Originally Posted by excon

... and he didn't solicit for himself which would have been against the rules.. He just let you know that he's a lawyer, ...

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Which amounts to the same thing: solicitation.

Anyway, to the OP's question.

Yes of course, you may also request production of documents and make other discovery requests. They might include such things as:

• interrogatories (questions to be answered under oath); and
• deposition (out-of-court recorded questioning of witnesses, again under oath).

There is no doubt a normal format for a request for production in your jurisdiction. However it really doesn't matter. Simply make the request in writing and make it clear that the other party is requested to answer it according to the particular civil rule providing for such discovery. For details, you should look at the civil rules for the court in which this case is pending.

And no, most discovery rules provide that you don't need to file the discovery request unless the other side fails to respond. Then you would have to move that the court compel an answer.

Oh, I disagree - this IS a solicitation. Shocking and shameless and you have to wonder about the Bar Association in Florida. I do note that this "Attorney" is spamming the Board. Sad when you have to go to this extent to get business.

It would appear to me that this Attorney answered off the Board (and I have no idea how he did that unless the rules changed... again) OR answered and his response was pulled.

Welcome back, by the way.

Ok, Are you sure this is Small Claims court? In what area (ANY question on law needs to include your general locale as laws vary by area.) The reason I ask is that many small claims courts do not allow legal representation. If it is small claims court they tend to be less formal than other courts so simple request should be sufficient.

On a separate note, thank you for informing us of the private communication you received. This was definitely a violation of our rules against solicitation and offline communication. The response did not answer your question but simply suggested you consult an attorney then giving his contact info. Can you provide the screen name of this member so we can make sure he is aware of our rules?