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loeblaw
loeblaw, Attorney
Category: Legal
Satisfied Customers: 1669
Experience:  Trial Atty---NY, NJ & Fed Courts, Owner of law office for 10+ years--Recently joined this Site
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In a civil case, when is the end of the discovery period

Resolved Question:

In a civil case, when is the end of the discovery period? I have been requesting copies of my contracts and documents for 7 years, they refused. They brought a lawsuit against me in 2009, I answered the court and requested ALL documents. I received none. This year my case was called up for a pre-trial (2 years later). Prior to the date I again, requested documents from their lawyer. He said I had not filed a "formal discovery" and he didn't have to. He later sent me an account statement, but nothing else. I hired an attorney, and during our interview I asked if he could get the documents, and he said, he would ask for discovery. NOW... I go to court on the August 18th, the same attorney, says he never said that, and the discovery period ended before I ever spoke to him. They are trying to use a contract that my husband and I have never seen, nor would ever sign, nor is it the refinance of our original loan, which we requested.
We are active duty military, and were moved twice within the period 2005-2008 and the mover lost over 20 boxes of our things, and amongst them was our personal files (no would couldn't take it all on the plane :-)

When is a discovery period over, and did the opposing attorney have the right to not ignore our request in our answer?
Submitted: 5 years ago.
Category: Legal
Expert:  loeblaw replied 5 years ago.

loeblaw :

Hi...My name is XXXXX XXXXX I am an attorney here with Just Answer. I am going to try to help you with your issue today...If you do not understand something or need more information you can ask me for further explanation. Your offer to get your questioned reviewed and answered is agreed. Once we are done press ACCEPT so I receive credit. If you have already paid, you do not pay anything additional by pressing ACCEPT, it is just to tell the company that your question has been answered.


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loeblaw :

It is generally over when a case is certified for trial....Generally it is within a year from a date that suit is initiated in court, but could be longer for complex cases. If a case is already on the trial calendar, the Court will usually not allow discovery except in the most unusual circumstances and then there usually needs to be an application made by the party seeking the discovery as to the reason the discovery is needed, why it was not requested before, (or if it was why the case was allowed to be certified without the necessary discovery) and how it would be unjust for the court to not permit the request now. The botXXXXX XXXXXne is in order to get the discovery at this late date is going to require a motion and permission from the court. It's not going to be a formality that the court will grant such permission.

loeblaw :

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Customer:

I accept. But I do not see the answer to the question :-)

Customer:

Ok. Thank you.

Customer:

I don't understand "It's not going to be a formality", and do I have to ask for the motion and permission through my attorney?

loeblaw :

Its above but I will paste it again,.

Customer:

I've read your answer. However, I don't understand "It's not going to be a formality" sorry. Can I ask for permission for the motion without an attorney?

loeblaw :

t is generally over when a case is certified for trial....Generally it is within a year from a date that suit is initiated in court, but could be longer for complex cases. If a case is already on the trial calendar, the Court will usually not allow discovery except in the most unusual circumstances and then there usually needs to be an application made by the party seeking the discovery as to the reason the discovery is needed, why it was not requested before, (or if it was why the case was allowed to be certified without the necessary discovery) and how it would be unjust for the court to not permit the request now. The botXXXXX XXXXXne is in order to get the discovery at this late date is going to require a motion and permission from the court. It's not going to be a formality that the court will grant such permission.

loeblaw :

Not going to be a formality means the judge is not just going to grant additional discovery just by asking...You are going to have to prove its essential.

Customer:

Thank you very much.

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