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    wvdreamchaser's Avatar
    wvdreamchaser Posts: 1, Reputation: 1
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    #1

    Nov 26, 2013, 02:31 AM
    How does a Plainiff file a motion for disclosure
    I am the plaintiff in the case where my land had been land locked, as to this happening I was unable to enter my land to secure, maintain or clear said land now for almost 2 years, which have been fighting to regain entry this whole time, because of all this I now suffer a stress related illness, I am been asked by the judge to submit a motion for discovery, I have no idea on how to go about doing such, all samples of these forms are for the defendants to file such, please help am over my head, the other party has an attorney, but I am on a fixed income and cannot afford an attorney they want to charge me $3000.to $4000 dollars up front and I do not have it. Thank you.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Nov 26, 2013, 05:16 AM
    If the other party has a lawyer then this is not a DIY situation. Can you really afford not to have a lawyer? You need to do research on the deeds and deeds of surrounding areas and see what easement rights you have or how they were given up. The courts are wanting to know what you want to ask the other party. Your lawsuit is in the discovery phase and next will be a hearing or trial along with a decision. You need to take action right away.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
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    #3

    Nov 26, 2013, 05:41 AM
    As cdad said, this is no longer a DIY situation. Discovery is more than just filing a form. You will need to request documents and evidence from the defendants as part of discovery. If you really can't afford an attorney then I suggest you contact the law school closest to you. Maybe there are students who would be willing to help.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #4

    Nov 26, 2013, 08:02 AM
    As Lisa said, many law schools have clinics where students help prepare paperwork plan strategy. And you clearly need help with that. I agree with the others that you really can't afford not to have an attorney, not if you want to recover your property.

    I'm assuming that this is an undeveloped property. When was it purchased? Why is it landlocked? Is there a private road that goes into the property? When you purchased the property was there an easement to allow access? How did you lose that access (I'm assuming you would not have purchased the property without some access).

    But if they have lawyers and you don't, you stand a small chance of winning.
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