[Innie]

Hate to be a pain, but I just found something re: small claims in Florida that states that the opponent is able to gather information about the case if I am represented by an attorney. I, however, am not represented by an attorney.

If you're interested or have the time, I obtained this information from:
http://members.aol.com/SettleNow/sm-claim.htm
Discovery section

Thanks in advance.

[ScottGem]

I can't conceive of Discovery being restricted to those represented by counsel. A defendant is entitled to prepare his defense. If evidence is presented at trial that was withheld from the defeandant (or vice versa), then its likely a continuance will be granted to allow the party to deal with that evidence.

So I would not fool around with this. I would provide the other party with any evidence you plan on presenting.

[JudyKayTee]

hate to be a pain, but i just found something re: small claims in Florida that states that the opponent is able to gather information about the case if i am represented by an attorney. i, however, am not represented by an attorney.

if you're interested or have the time, i obtained this information from:
Small Claims in Florida
Discovery section

Thanks in advance.

I think you've asked this same question twice, in 2 different forms -

And Scott beat me to the answer!

[Innie]

I think you've asked this same question twice, in 2 different forms -

And Scott beat me to the answer!

Well, at least you were able to make a statement!
Thanks anyway.

[JudyKayTee]

well, at least you were able to make a statement!
thanks anyway.

Any time - and thanks for the laugh.

[Innie]

Any time - and thanks for the laugh.

I did some more research, and I've learned that, according to Florida rule 7.020 (Applicability of Rules of Civil Procedure b) Discovery), if one is without an attorney and does not initiate discovery, the opponent is not entitled to discovery without leave of court.

This means that I certainly should not provide the other party with whatever I plan to use in court unless the judge has granted them permission to obtain documents from me... they are not automatically entitled unless I have an attorney (which, again, I don't). I may have to provide the opposing party with documentation... but not necessarily.

Thanks again.

[ScottGem]

Ok, so what happens is the other party can't obtain your documents prior to court. So they go into the hearing and thei onject to all your evidence for various reasons. And the jufge grants a postponement.

[Innie]

Ok, so what happens is the other party can't obtain your documents prior to court. So they go into the hearing and thei onject to all your evidence for various reasons. And the jufge grants a postponement.

I think that a situation like that could only come about if the other party follows procedure (leave of court), and I refuse to provide the documents. I would never do that... I just don't think I should provide anything if they are trying to obtain it without leave of court. So far, that is what they are doing, so I am being really cautious. I imagine that the rule is there for a reason... one that works in favor of people like me.

[ScottGem]

I agree, if the law doesn't require you to provide the documents, then don't. I'm just saying that you need to be prepared for the judge granting a continuance to give them time to deal with your evidence.