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TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Could you tell me as the Plaintiff in a New York Lawsuit to

Resolved Question:

Could you tell me as the Plaintiff in a New York Lawsuit to collect $ 45,000.00 of property stolen from my homes, buildings and property if I can request discovery from the Attorneys that represent the defendants in the action that took the property? Also there is a hearing today in court after I provided discovery to these Attorneys. Could you tell me what the hearing today is about? Trial date or what?
Submitted: 5 years ago.
Category: Legal
Expert:  TexLaw replied 5 years ago.

Zachary D. Norris :

Hi,

Zachary D. Norris :

Yes you have a right to obtain discovery from the attorneys if the discovery deadline is not set. As you indicated in your question, you think the upcoming hearing might be regarding setting a trial date. I assume this means that your case does not have a trial date yet set. This would likely indicate that you still have time to request discovery. You must do so by submitting written questions. As it sounds like you don't have an attorney, you will want to fashion those questions to match the ones the Plaintiff is sending you.

Zachary D. Norris :

As far as your hearing...it's impossible for me to tell you what it is without a lot more information. The easiest way to find out is to either look your case up on line at the county/district clerks website, or to call the court's clerk or court's coordinator and ask them.

Customer:

They asked me for my attorney letters to me when I had one. Can I request letters to their clients on this matter from them?

Customer:

Can I request letters between the attorneys representing the defendants as they did me?

Zachary D. Norris :

If you haven't already provided those letters, you can refuse to provide them. You have the right to keep all communications between you and your attorneys confidential under the attorney client privilege.

Zachary D. Norris :

You can request anything under the sun...it is up to them as your opponent to object. And if they object, you can then file a motion with the court to "compel the answers" and ask the court to rule on the objections and tell the court why you need the information. However, if you ask for all written communications or letters between your opponent and the attorney, they will likely assert the attorney client privilege. What kind of information are you looking for from them...what do you need to prove your case or your defense.

Customer:

I have there request to me for discovery so I suppose I could ask the attorneys for the same back from them. The property stolen by these defendants was sold or disposed of some other way and I need to find out where everything is now?

Zachary D. Norris :

Yes. One of the easiest things you can do is just copy their discovery requests and formulate them so that they apply to them instead of you. When you make up your own style of request, make it very simple and be very specific about what you are asking for. Generally, you can't ask for anything that is outside the scope of the issues in the case. Also, you can't ask for records which are outside of the relevant time period to your case. If you can stick to these general guidelines in your questions, there will be less of an opportunity for the Plaintiff to object. You also need to be careful to answer all their requests within the deadline stated on their requests.

Zachary D. Norris :

Please let me know if there is any further information that you need. Please also accept my answer so that I may receive payment for my services. Best of luck in your defense.

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