Recent Feedback
I filed a Civil Complaint in Superior Court Pro Se. The Scheduling Order has been received, MEDIATOR/NEUTRAL has been selected (mandatory). ...And now the "DISCOVERY" clock has started ticking.I am bogged down in terminology. I have drafted my Interogatory Questions to be served on the Defendant. It is my understanding that I just have to mail them to him because he has been served? This is the big question; what do I call the paperwork that I file in court at this time with regard to Discovery??? Is it called a REQUEST FOR DISCOVERY??? ...followed by, or perhaps simultaneously something called NOTIFICATON OF INTEROGATORY SERVICE (or similar)??? At this time I have not responded to the ticking DISCOVERY clock in any way. As soon as I know what to call the paperwork, I will get it sent off to the court and the Interogatories to the Defendant. An answer will so appreciated. Thank you.
Optional Information: State/Country of Question: United States Already Tried: Plenty of info on Discovery, but it is not clear what I am supposed to be CALLING the "action" that I have to take now to notify the Court of my intent.
Thank you for contacting our JA team for guidance.
You are grasping it a lot better than most. This will make your life a little easier:
1. Your Interrogatories need to be served by first class mail on the Defendant and you need to include a proof of service with the interrogatories indicating what date you mailed the documents. In some states, such as CA, a party may not sign the proof of service, so you would need to get someone else to sign the proof of service and drop the documents in the mail--even if you go with them to make sure it has been done.
2. You do not have to file anything with the court regarding discovery. The only time you file something with the court is if the opposition does not respond timely or answers are incomplete or evasive and you need to file a motion to compel with the court. For now, don't worry about that.
3. Make sure you respond to the Defendant's discovery timely, especially Requests for Admissions since an untimely response means you have admitted their requests.
Please let me know if you need additional information.
Best regards XXXXX XXXXX
TG
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Your fast. Thank you sooo much, I will click "accept" right after your response.
Last week my Credit Card declined a second charge thinking it was an error.
You mean PROOF of MAILING don't you? Or does HE have to sign for it on the other end? ...As in Certified mail Restricted Delivery.
So I just hang on to his answers? Too easy!
I will asking the Judge to extend the time he has to answer the Interogatories because he will be coming to Maine from Florida to Mediate. Thankfully!
You are VERY welcome!
Proof of mailing should be the same as proof of service; justed different labels in different jurisdictions. No, they do not have to sign for it on the other end.
Yes. You keep the originals and it wouldn't hurt to make a copy of the answers. You can use them if you go to trial. There aren't many things that are easy about the law, but discovery is one that does not have to be filed with the court--just offered into evidence or used for questioning later.
You can have them file a stipulation for additional time to answer since you both agree. Let them do the work since they are the ones wanting the additional time.
All the best to you!
Experience: JD, BBA Over 20 years legal and business experience.
Tina, when I close out of JA.
How, do I get you the next time I have a question. Which of course I will.
Flattery is always welcome. Here is my profile: http://www.justanswer.com/profile.aspx?PF=4460311&FID=0
If you lose that, just ask for Tina G in the first line of your question and it will get to me.
Good luck and take care.
Tina G, I read the "rules" regarding Discovery, a hundred. I am NOT exaggerating times. (Maine Rules of Civil Procedure)
Your response helped me to narrow down what I needed to understand and I read them one more time.
We do have to notify the Court of "Service" of the Interogatories and then hold on to them if needed at a future time. I missed the point until WE "discussed" it.
Thanks again.
I won't bother you again until I have a question.
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Dear Tina, How are you? Hopefully you are still around, I appreciated your previous responses.
I am glad I reread your answer because I Emailed my interogatories to the Defendant! I will send them again with a proof of service.
Now it's back to the drawing board as I only got as far as completing "mediation" in my learning process.
Our mediation did not "put the frosting on the cake"! Mr. Defendant made an offer that I was entertaining only to throw in an "if you would" that he knew or should have known I wouldn't go for.
Moving into second gear, this is my question: One of my torts is Intentional Infliction of Emotional Distress, I don't know what steps need to be taken to satisfy the fourth element "that I have suffered extreme emotional distress". From my research, that element is usually satisfied with a diagnosis of PTSD.
I have suffered and continue to suffer from the Defendant's abuse (I have five police reports and two witnesses to his physical violence).
I have many PHYSICAL ailments that could be and in my case are related to stress and anxiety. I take and have been prescribed many drugs for stress and anxiety. Xanax, Valium. various high blood pressure medicines, Provigil to keep me awake because I don't sleep and have in fact fallen asleep at the wheel while driving (went over a telephone pole).
I have been under the care of two Pyschiatrists and two Psychologist types. None of the above are experienced in woman's issues let alone PTSD. ...And I am not saying I have that, I AM saying that I suffer from many physical ailments as a result of the stress of living in fear all those years, "extreme emotional distress"! Those ailments can be proven by a preponderance of the evidence. I have never before even told my counselors of the abuse. ...Typical. ...Because it is embarressing.
Is there ANY other diagnose besides PTSD to satisfy "extreme emotional distress" and "who" do I turn to for help with this diagnosis? In other words how do I find help by an expert capable of recognizing my symptoms for what they are?
HUGE QUESTIONS! I have to take an immediate step in that direction once I get the directions. I'm in Maine.
Too bad this process didn't have a navigation system so I could just plug in the destination.
Is there a defense other than PTSD??????????? ...That undoubtedly can be proven by a preponderance of the evidence.