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TexLaw
TexLaw, Attorney
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hi, In continuation of my previous situation and questions

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Hi,
In continuation of my previous situation and questions and your appreciated responses. I am Defendant pro se in civil case that according to our op agreement is to be settled through mediation and arbitration. Mediation failed and he filed a complaint in superior court.
I and the attorney for plaintiff have exchanged admissions to each other. We were to exchange interrogatories and docs. also in 45 days. The attorney for plaintiff propounded approximately 2 weeks prior to me, approximately December 22 versus approximately Jan 8. I had asked for extension until March 1 which was granted by plaintiff's attorney. I had not received discovery docs or interrogatories nor a request for extension from the plainiff's attorney during this interim period for which they would be responsible. Approximately one week before March 1, realizing that I would require still additional information to submit all discovery docs, I requested additional time to submit. I asked and suggested of plaintiff’s attorney to mutually submit docs to each other since we had both exceeded 45 days. I did not receive a response. I inquired again one week later (March 7) for a response to a mutually agreeable date to exchange, and still no response. Last week I received an email from plaintiff’s attorney inquiring when he would receive discovery docs. He stated that since he propounded prior to me that I must provide. He did not suggest when and if he would submit discovery docs to me.
Question is: Am I responsible for submitting to him first, or could I continue to suggest a mutually acceptable date for the exchange of docs since we are both in arrears. What would the court’s judgment be should he petition the court. Should I require a drop dead submittal date from him if I have to produce before him. The superior court timeline and guidelines suggest that all discovery docs are to be exchanged/submitted by mid May
Hi,

Thank you for your question.

Your duty to respond to his discovery requests is independent of his duty to respond to yours. If there is information that you do not have or do not know, then your discovery response should simply state that you do not have the information requested and that if you discover it you will supplement your response.

You need to send the Plaintiff's counsel a letter stating that if you do not have all the discovery requests you have submitted answered within a certain amount of time (say 2 weeks) then you will file a "Motion to Compel" with the court and ask for sanctions an order that the Plaintiff turn over the requested information.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating does not cause an additional charge and will not prevent us from further discussing your questions.

Best Regards,
ZDN
TexLaw and 9 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thanks ZDN.


I took your adivise and submitted letter to plaintiff's attorney earnestly requesting the production of docs. with a ten day "window" suggesting recourse would be motion to compel. I have a suspicion that he will trump me my submitting same motion w/o advising me of such. Reading Rule 37, I don't see that it is incumbent upon the deponent or serving party to submit a request letter prior to filing a motion. If I have a strong belief that plaintiff's attorney will steal my thunder by filing a motion on Monday against me for my failure to provide discovery, should I file likewise ahead of my ten day window letter.


 


Also, I am about to submit interrogatories. One such interrogtory asks (the obvious) for bank accounts in my name and account numbers. Must I provide account numbers at this juncture, or could I forestall. I'm not attempting to obfuscate, just want to know if I have any justification for not answering or do I have a credible reason for responding to, "your inability to answer the remainder" as contained in the Instructions section of the Interrogatories.


 


Final question: I have transferred a monetary asset to a 3rd party which I must disclose. However, must I personally name the party?


 


Thanks,


Paul

Thanks for your response.

I encourage you to steal his thunder by answering his discovery requests. That is the best way to cut him off at the pass. Again, if the answer to his request or interrogatory is "I am not currently in possession of that information/document" then that is a good answer. That is a better answer than not answering at all and having a motion filed against you.

In response to whether you should also go ahead and file a motion, I would say yes, go ahead. When you do, you need to contact the court and make sure that your motion is heard on the same day that his motion is.

In regard to providing bank account information, I would agree to do this, but only under a confidentiality agreement. In other words, they may not publish your bank account information by filing it with the court and may only use it in connection with the curent litigation.

In regard to your final question. If you have to disclose the transfer, then you also must disclose the identity of the 3rd party.

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