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TJ, Esq.
TJ, Esq., Attorney
Category: Employment Law
Satisfied Customers: 12105
Experience:  JD, MBA
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How do I proceed with discovery on my employer when they refuse

Resolved Question:

How do I proceed with discovery on my employer when they refuse to release any of my records?
Submitted: 4 years ago.
Category: Employment Law
Expert:  TJ, Esq. replied 4 years ago.
Hello and thank you for allowing me the opportunity to assist you.

You need to serve the employer with a Request for the Production of Documents under Rule 34.02 (CLICK HERE for rule). The employer will have 30 days to produce the documents. If the employer fails to do so within 30 days, then you can file a motion to compel. If the request for the records that you're seeking is reasonably calculated to lead to relevant evidence in the lawsuit, then such records are discoverable and should be produced. If the employer refuses, then the judge can compel (by way of your motion to compel), and can even sanction the employer for failing to cooperate.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated.

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Customer: replied 4 years ago.
Can you tell me where to find an example form that I should send to the court when the 30 days have passed. I always understand the rules, I just don't always know where the forms or examples of forms are. I have also requested other documents (emails, store records etc). Do I use the same form for those as well?
Expert:  TJ, Esq. replied 4 years ago.
Hi again.

There are no forms. This is the type of document that a person must draft on his own. But there are examples of actual motions on the internet. For example: CLICK HERE. By the way, the rule regarding motions to compel is 37.01: CLICK HERE. You would use the same motion for all documents that are not given (that is, you'd file just one motion and include everything ... not a different motion for each type of document).
Customer: replied 4 years ago.
Ok, I see the answer, so do I type it up and have to drive to the courthouse to file it, or can I send it certified mail? And do I copy the defendant?
Isn't there a handbook for all this document stuff going back and forth or is a secret only know to lawyers and courts? (smile)

I have no room for error here and I know it's just "paperwork" but until I find another lawyer to help me with this case, I want to make sure I don't mess it up in the meantime. My previous lawyer's daughter got really sick and he had to decline my case, after he agreed to take it.
Expert:  TJ, Esq. replied 4 years ago.
Hi again.

Yes, you'll need to file the Motion in the court. You can either drive there, or you can mail it to the court with a cover letter asking the clerk to file it for you. Yes, you do send a copy to the defendant. You could probably find a book in the local law library that explains civil procedure. But the rules themselves are fairly self-explanatory, and the court clerks will often provide a little assistance. The court clerk may have some brochures on civil procedure, but I would try the law library.
Customer: replied 4 years ago.
So none of this information is available online, I have to go to the actual library (not that I mind)... but I have been searching all over the internet and there is little to no information that is useful. Seems so strange that it's so hard for me to find information that is in books.. and I can't find it online. (smile). Maybe there's a book on amazon I can buy? (grin).........cus if it was so self-explanatory, I wouldn't have to be here asking you questions, right? (smile). Just sayin.
I hope you can point me to a good publication and I really hope I don't mess this up.
Expert:  TJ, Esq. replied 4 years ago.
Hi again.

If you'd like to buy the books, you can certainly do so. These are the books that an attorney would purchase: CLICK HERE. There is a companion volume that does have forms (bear in mind that they are not official forms, but just something the publisher created -- though I'm sure they are correct): CLICK HERE.

I hope that helps.

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