Ask Me Help Desk - Pro se trial preparation

Pro se trial preparation

I am involved in a lawsuit by my condo association due to water damage that occurred due to a faulty pumping station on the association property that went into a couple of units where their drains were not plugged in the building process therefore, flooding my finished basement. Their insurance covered my property. They are suing me for attorney fees of thousands of dollars. I know it doesn't made sense, but they state that I didn't give them access. I wasn't ask for access until after the attorney was hired and it was over 6 months from the date of the flood.

Question, I filed pro se. I filed a counterclaim to their claim. Now we are talking jury trial. Should I file a Motion for Discovery in preparation for trial or what steps / suggestions could you please provide?

I am in Illinois.

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... Should I file a Motion for Discovery in preparation for trial or what steps / suggestions could you please provide?

Normally one sends discovery requests to the opposing party or its counsel before filing a "motion for discovery". Only if they fail or refuse to disclose the required information do you move to compel a response.

Have they engaged in discovery with you? The following are the most common forms of discovery:

request for production
interrogatories
requests for admissions
depositions

Thank you for the reply. They have not requested any discovery docs. I think they know I don't really have any as a home owner? Not sure. Then how would I prepare for a jury trial. Status is set mid May. I got a Jury Demand letter, but no date.? There are association docs that I would need to prepare. I would love to settle but the attorney is demanding fees that I can't afford. This feels so unfair.

Maybe I am using the wrong form language. Should I send out a request for production or interrogatories or request for admissions? Not sure the differences. I am really not interested is a deposition.

First, they are suing you. Therefore, it is up to them to prove that you caused the problems that incurred attorney fees. I'm curious as to what you could have done that caused the attorney fees. Did you have to sue their insurer?

What are you countersuing for? Is this civil or small claims court?

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Originally Posted by ScottGem

First, they are suing you. Therefore, it is up to them to prove that you caused the problems that incurred attorney fees. I'm curious as to what you could have done that caused the attorney fees. Did you have to sue their insurer?

What are you countersuing for? Is this civil or small claims court?

1. I do not know why they hired an attorney. The Board never reached out to me to make any request.
2. This happened in April. Attorney hired in June. First, request to "access" my unit was in October.
3. I believe they are suing me stating I would not provide access.
4. I did not sue anyone or tried. I called the insurance copy after complying with them. They provided me a copy of the paid "proof of claim" which is broken down by unit. Mine being the most expensive.
Hope that helps. I am very confused.

I would be happy to chat if you are open to it.

My counterclaim is to request to get by basement finish according to the insurance claim using my contractor vs. theirs and to be reimbursed my out of pocket expenses and for the board to take responsibility of attorney fees. Very fair.

So the water damage occurred in April, but repairs have still not been done? I really don't understand how they can sue you. But, you need to get copies of all paperwork filed with the court. That can then give you an idea of what you need in terms of discovery.

I'd recommend hiring your own attourney... and countersue for your legal expenses. If they have a lawyer and you don't, they have the upper hand. I'm the king of do-it-yourself. But there are some things I don't leave to chance. Legal issues is #1 on the list, medical issues is a very close second.

I have to agree with smoothy here. I'm not sure you even understand why you are being sued. Because the reasons you state don't make a lot of sense. You should at least talk to an attorney to see what the story is.