[Confused2006]

Good Morning! We are in the process of suing a company for their employees intentional sabotage of our business by "improperly and negligently set the controls on Plaintiffs ... machines so as to cause the wrong washing materials and the wrong quantity thereof to be into Plaintiffs ... machines." Now they have sent a First set of requests for production and first set of interrogatories. We understand that they do not have copies of any of their service reports, invoices, or emails as prior to us suing them they requested copies of all our documents and we did not give them to them because they were trying to bill us.

In the request for production they want copies of: every document identified in our Rule, all photos, all statements, all work orders and billing statements from this company, invoices showing purchase of equipment, contracts with customers, evidence showing money paid to this company, documents that we intend to offer as exhibits, tax return, invoices to customers, letters to customers, each contract with customers, copy of lease.

Do we have to provide this information to them? Why would we give them copies of our documentation when we know they don't have any? Wouldn't that be like giving the other team your list of plays so they can prepare their defense against you?

Thank you for your time and expertise.

[twinkiedooter]

Since you have no idea about how the courts work or what happens during a lawsuit, you are at a loss of course. This request for production is quite normal and quite legal for them to ask to see just what you have document wise whether it be paperwork, pictures, phone records, etc. You need to give them copies of every document you intend to introduce during trial or when this case does get to trial you will not be able to introduce this paperwork having not previously discosed it to the Defendant prior to trial.

And yes, they are permitted to defend themselves against whatever documentation you have. How else would they do it?

How are you going to go about proving that they set the machines incorrectly? What is your proof? How are you going to persuade the Judge to rule in your favor if you have nothing to prove this?

I am surprised that you are trying to sue another company and don't have an attorney handling this for your company. Usually if it is anything other than small claims court the Judge will not let you represent your company but insist on professional representation.

[AK lawyer]

...
Do we have to provide this information to them? Why would we give them copies of our documentation when we know they don't have any? Wouldn't that be like giving the other team your list of plays so they can prepare their defense against you?

That's generally the idea of discovery.

There are of course theories upon a motion for a protective order can be based, but you need your attorney to put together such a motion; you can't just ignore it.

[bettyochuru]

I need to know the correct way to respond to the following request to productin of documents:
Defendant's attorney is requesting the photographs of the vehicles involved in the accident. Unfortunately, our client does not have them at the present time.

Also, they are requesting photographys of the scene of the accident, which our does not have at the present time.

Therefore, can you help me how to respond the correct legal way?

Betty

[bettyochuru]

So how should I respond to it?

[AK lawyer]

... Unfortunately, our client does not have them at the present time. ...

Your client? Obviously you are not a lawfirm. So what sort of role does your company perform?

Be careful. It appears that you may be engaged in the unauthorized practice of law, which is prohibited.