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JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience:  Explains legal matters based on 14+ years experience.
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how do I get evidence I need from the plaintiff.they are the

Resolved Question:

how do I get evidence I need from the plaintiff.they are the only ones that have dates and recorded evedence i need
Submitted: 1 year ago.
Category: Legal
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

Every court and jurisdiction is different. It would be helpful to know:

1. What are you being sued for?

2. What court and state is the suit in?
Customer: replied 1 year ago.

it's a cival matter from a collection agency for none payment of a credit card

Expert:  JB Umphrey replied 1 year ago.
Thank you and in what state is the lawsuit filed in? Have they sued yet?
Customer: replied 1 year ago.

it's in MN.chisago co.and yes they went from a hearing date to asking for a summary judgement cause they Know after asking for the info. I don't have it

Expert:  JB Umphrey replied 1 year ago.
Thank you. XXXXX Rules of Civil Procedure are found here: http://www.mncourts.gov/Documents/0/Public/Rules/Civil_Rules_effective_9-1-2012.pdf

What you are seeking is called "Discovery" There are different ways to get that information as explained by Rule 26.

So, go to that link and scroll down to Rule 26. That outlines the steps you have to take to request the information you want.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.

how do i go about getting the info under that rule

Expert:  JB Umphrey replied 1 year ago.
What exactly are you seeking? Documents? Something else?
Customer: replied 1 year ago.

monthly statements and a recording thatchanged the contract from the the one there sueing for. they made me follow a proceedure on the phone that made the recording legal.that's the recording I need

Expert:  JB Umphrey replied 1 year ago.
Thank you. Then a written request would have to be given to them under Rule 34 which says:

Rule 34. Production of Documents, Electronically Stored
Information, and Things and Entry Upon Land for Inspection and
Other Purposes
34.01 Scope
Any party may serve on any other party a request (1) to produce and
permit the party making the request, or someone acting on the requesting
party’s behalf, to inspect and copy, test, or sample any designated
documents or electronically stored information—including writings,
drawings, graphs, charts, photographs, sound recordings, images,
phono-records, and other data or data compilations stored in any medium
from which information can be obtained—translated, if necessary, by the
respondent through detection devices into reasonably usable form, or to
inspect and copy, test, or sample any designated tangible things that
constitute or contain matters within the scope of Rule 26.02 and that are
in the possession, custody or control of the party upon whom the request
is served,
or (2) to permit entry upon designated land or other property
in the possession or control of the party upon whom the request is served
for the purpose of inspection and measuring, surveying, photographing,
testing, or sampling the property or any designated object or operation
thereon, within the scope of Rule 26.02.

The procedure is explained at:

34.02 Procedure
The request may, without leave of court, be served upon any party with
or after service of the summons and complaint. The request shall set
forth the items to be inspected either by individual item or by category,
and describe each item and category with reasonable particularity. The
request shall specify a reasonable time, place, and manner of making the
inspection and performing the related acts. The request may specify the
form or forms in which electronically stored information is to be
produced.
The party upon whom the request is served shall serve a written
response within 30 days after the service of the request, except that a defendant may serve a response within 45 days after service of the
summons and complaint upon that defendant. The court may allow a
shorter or longer time. The response shall state, with respect to each
item or category, that inspection and related activities will be permitted
as requested, unless the request is objected to, including an objection to
the requested form or forms for producing electronically stored
information, stating the reasons for objection. If objection is made to
part of an item or category, that part shall be specified and inspection
permitted of the remaining parts. If objection is made to the requested
form or forms for producing electronically stored information—or if no
form was specified in the request—the responding party must state the
form or forms it intends to use. The party submitting the request may
move for an order pursuant to Rule 37 with respect to any objection to or
other failure to respond to the request or any part thereof, or any failure
to permit inspection as requested.
Unless the parties otherwise agree, or the court otherwise orders:
(a) A party who produces documents for inspection shall produce
them as they are kept in the usual course of business at the time of the
request or, at the option of the producing party, shall organize them to
correspond with the categories in the request;
(b) If a request does not specify the form or forms for producing
electronically stored information, a responding party must produce the
information in a form or forms in which it is ordinarily maintained or in a
form or forms that are reasonably usable; and
(c) A party need not produce the same electronically stored
information in more than one form.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 1 year ago.

I don't understand;can I personally write them a letter and have it delivered needing a signiture or do i need to go threw the court administrater

Expert:  JB Umphrey replied 1 year ago.
You do not have to go through the court administrator. You can give them a written demand, cite the court rule, and list the items that you are requesting. You have to be specific. Be sure to keep a copy of your request for your records. If they don't produce the items by the deadline you set, then you can go to court and ask the judge to issue an order to compel them to produce the requested items.

As explained here, http://www.mncourts.gov/selfhelp/?page=3444, in MN, the courts do NOT publish sample civil discovery forms. You may be able to find sample discovery forms or additional information on the civil discovery process at a law library.

I hope this helps to clarify things!

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20231
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 2 other Legal Specialists are ready to help you

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