[mdf2011]

I am the defendant in a small claims suite over old credit card debt. I need to know the proper order to submit my motions for discovery in small claims court. I intend to ask for full disclosure since I am appearing Pro se. Do I submit the motion for Discovery first, and then file my requests for production or documents, disclosure, etc? Or should they be filed at the same time? Also based on the rules of the court, the plaintiff has 30 days to answer my discovery--my hearing date has already been set, because we have a more informal procedure where formal discovery is usually not used. Since the time for them to answer comes after the scheduled date for our hearing; is that grounds for me to ask for an extension to complete the discovery period and prepare for trial?

[AK lawyer]

... Do I submit the motion for Discovery first, and then file my requests for production or documents, disclosure, etc? Or should they be filed at the same time? ...

No. The way it works in most places, you submit your discovery requests to the plaintiff. Only if plaintiff fails to respond to your satisfaction do you file a motion.

... Also based on the rules of the court, the plaintiff has 30 days to answer my discovery--my hearing date has already been set, because we have a more informal procedure where formal discovery is usually not used. Since the time for them to answer comes after the scheduled date for our hearing; is that grounds for me to ask for an extension to complete the discovery period and prepare for trial?

Yes. Move for an extension.

[mdf2011]

Ok do I file a copy of the discovery requests with the court or just directly with the plaintiffs attorney? If I just send them to the attorney, do I just reference the request for discovery when I file for a motion for an extension?

[AK lawyer]

Ok do I file a copy of the discovery requests with the court or just directly with the plaintiffs attorney?

Check your SC rules, but if it is the same the rules for most trial courts, you would send them directly to the plaintiffs attorney. No need to file with the court unless you need to move to compel.

... do I just reference the request for discovery when I file for a motion for an extension?

Sure. You would say that you have served certain discovery requests (request for production, interrogatories, etc.) on plaintiff's attorney on such-and-such a date, that the rules don't insure that you will have a response by the date of the trial, and that therefore you request that the trial be postponed.