[mdf2011]

I am the pro se defendant in a small claims suite over old credit card debt. I need to know the proper process for requesting disclosure from the plaintiff. Our hearing is set and I need to know the process for requesting disclosure and discovery from the plaintiffs attorney. Here are some of my questions for the process?

1) How do I address Disclosure? Are there certain terms I should use when I send the request to clearly explain I want full disclosure of any evidence, documents, witnesses, etc that they plan to use at the hearing?

2) How should my request be delivered? Certified Mail?

3) As I understand it normally the attorney for each party would normally have access to documents, etc during discovery at each office--However, I appearing pro se. Is it reasonalbe to request that the discovery answers including documents etc be delivered to my home address or is there any other option for me to review the information? Their attorneys office is several hours away making it very difficult for me to go there to review the documents for discovery? Is there a venue for this sort of thing when a person is appearing pro se? Is it allowable for me to make copies of the documents they have for further review?

Thanks in advance for your answers & help :)

[AK lawyer]

1) How do I address Disclosure? Are there certain terms I should use when I send the request to clearly explain I want full disclosure of any evidence, documents, witnesses, etc that they plan to use at the hearing?

That's good.

2) How should my request be delivered? Certified Mail??

Doesn't have to be, but to anticipate an issue about whether they really got it, it would be a good idea.

3) As I understand it normally the attorney for each party would normally have access to documents, etc during discovery at each office-...

Who told you that?
I've never met with such a requirement. Normally the attorney served with a discovery request is expected to mail the responsive materials, unless other arrangements are made. Check the particular rules of your tribunal.

[mdf2011]

Thank you for your help-you answered another question of mine earlier.

When you say (Normally the attorney served with a discovery request is expected to mail the responsive materials.) does that mean you don't believe there should be an issue with them mailing the answers and all parts of the discovery to my home address?

In regards to filing my extension for the hearing-I need to cover time for them to answer and time for to me review and research their answers--how long should I ask for with the extension--is it better to ask for a longer period now than risk having to ask for additional time later if they don't comply with my requests for discovery?

[AK lawyer]

When you say (Normally the attorney served with a discovery request is expected to mail the responsive materials.) does that mean you don't believe there should be an issue with them mailing the answers and all parts of the discovery to my home address?

Correct.

In regards to filing my extension for the hearing-I need to cover time for them to answer and time for to me review and research their answers--how long should I ask for with the extension--is it better to ask for a longer period of time now than risk having to ask for additional time later if they don't comply with my requests for discovery??

Yes. Ask for plenty of time. One way of doing it would be to lay it all out in your motion: the time allotted for them to answer; the time you will need to use this information in preparation for trial, etc. The judge will make the final (hopefully informed) decision.

[mdf2011]

Ok great--one last thing regading the process. In regards to documentation-is it to my benefit to ask when the documents came into the Plaintiffs possession? I read somewhere that business documents may not be admissible after the fact-or as it read--that business documents could not be used by the Plaintiff against me if they came into their possession after they took legal action against me--since they did not have those documents as part of the basis for the claim to begin with. Is that true?

[AK lawyer]

... is it to my benefit to ask when the documents came into the Plaintiffs possession? ...

Might be.

... I read somewhere that business documents may not be admissible after the fact-or as it read--that business documents could not be used by the Plaintiff against me if they came into their possession after they took legal action against me--since they did not have those documents as part of the basis for the claim to begin with. Is that true?

Whatever you read may have been referring to the rules regarding hearsay evidence. If they seek to apply the exception to the hearsay rule allowing the admission of business records, they may have to prove that these records were kept in the regular course of business and not merely because they have a lawsuit against you.