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Thanks for your question and good afternoon.
Good afternoon to you as well.
You would draft a Motion for Production of Documents and set out in it what documents you are seeking from the other party.You will have to hand draft this there is not a pre made form for such discovery here.You would set out the items you are asking for and then sign the motion and serve it on the other party, copy to the court.
Could we just request all "evidence"
You also have the option here to subpoena the person and the documents to the hearing.You will not get to see them ahead of time but you will be able to see them in court and have them introduced as exhibits and ask questions about them from the witness.
You can ask for any and all documents pertaining to......and describe what you are asking for ..that should work.
We would prefer to have them before court. Is there any statutes that should/could be used in the motion?
Yes give me a minute to get that for you.
perfect thank you.
Rule 804.01 here below of the Rules of Civil Procedure.
Heading--name of case, court, etc.
Motion for Production of Documents.
Now Comes your name, petitioner or defendant in the above styled and numbered cause and makes this motion for production of documents pursuant to Rule 804.01 and requests the following documents......
And list what you are asking for.Sign it and copy and send to other side, copy to the court.
Good luck to you here
Thanks for being patient while I got you the information you asked for.
Thank you so much. It is much appreciated and a big help.
Good luck and thanks.If you can leave a positive rating it is much appreciated.
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In a demand for discovery is there a deadline to send/recieve the documents in a small claims case?
Optional Information: Country relating to Question: USAState (if USA): WIZip Code (if USA): 53081What have you tried so far?: can you put a deadline if there is not one?
804.09 Production of documents and things and entryupon land for inspection and other purposes. (1) SCOPE.A party may serve on any other party a request within the scopeof s. 804.01 (2): a) to produce and permit the requesting party orits representative to inspect, copy, test or sample the followingitems in the responding party’s possession, custody, or control: 1.any designated documents or electronically stored information,including writings, drawings, graphs, charts, photographs, soundrecordings, images, and other data or data compilations stored inany other medium from which information can be obtained eitherdirectly or, if necessary, after translation by the responding partyinto a reasonably usable form; or 2. any designated tangiblethings; or b) to permit entry onto designated land or property possessedor controlled by the responding party, so that the requestingparty may inspect, measure, survey, photograph, test, or samplethe property or any designated object or operation on it.(2) PROCEDURE. (a) Except as provided in s. 804.015, therequest may, without leave of court, be served upon the plaintiffafter commencement of the action and upon any other party withor after service of the summons and complaint upon that party, andshall describe with reasonable particularity each item or categoryof items to be inspected. The request shall specify a reasonabletime, place, and manner of making the inspection and performingthe related acts. The request may specify the form or forms inwhich electronically stored information is to be produced.() 1. The party upon whom the request is served shall servea written response within 30 days after the service of the request,except that a defendant may serve a response within 45 days afterservice of the summons and complaint upon that defendant. Thecourt may allow a shorter or longer time. The response shall state,with respect to each item or category, that inspection and relatedactivities will be permitted as requested, unless the request isobjected to, in which event the reasons for objection shall bestated. If objection is made to part of an item or category, the partshall be specified. The response may state an objection to arequested form for producing electronically stored information.If the responding party objects to a requested form, or if no formwas specified in the request, the party shall state the form or formsit intends to use.2. Unless otherwise stipulated or ordered by the court, theseprocedures apply to producing documents or electronically storedinformation:a. A party shall produce documents as they are kept in theusual course of business or shall organize and label them to correspondto the categories in the request;b. If a request does not specify a form for producing electronicallystored information, a party shall produce it in a form or formsin which it is ordinarily maintained or in a reasonably usable formor forms; andc. A party need not produce the same electronically storedinformation in more than one form.(c) The party submitting the request may move for an orderunder s. 804.12 (1) with respect to any objection to or other failureto respond to the request or any
The rule above covers the timing of motion to produce documents.They have to produce the documents or respond here and seek a protective order within 30 days.You can ask the court for a shorter time here if you need it sooner.
They scheduled a court hearing after the pre-hearing less than 30 days away. It is on the 20th. If i put a request in for a date prior to retrieve documents couldnt they "dick us around" and not give it to us since legally its within 30 days?
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