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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87469
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Discovery has expired in my case. I have discovered additional

Resolved Question:

Discovery has expired in my case. I have discovered additional information that will assist in proving my case. Since my case is against a governmental entity, I can file an Open Records Request for this information, right? The Open Records Request concerns a public work on a public street, so the governmental entity could not refuse my request just because of the litigation, right? I reside in the city so I am a citizen.
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

Can you please tell me:

1) Are you in federal or state court? If state, which state?
2) Is the government agency that holds the information that you are attempting to get the Defendant, or, a non-party to the case?
3) Which government agency holds the information you are attempting to access?
Customer: replied 1 year ago.

Federal court. It is a City / Municipality and they are the defendant.

Expert:  Ely replied 1 year ago.
Thank you. What state is this in?
Customer: replied 1 year ago.


Wisconsin

Expert:  Ely replied 1 year ago.
Thank you.

One actually has two options here.

1) File a Motion for Leave to Extend Discovery with the Court, asking them to extend the discovery deadline, which the Judge may do for good cause, at the Judge'a discretion. This is the most direct way.

2) Since my case is against a governmental entity, I can file an Open Records Request for this information, right? The Open Records Request concerns a public work on a public street, so the governmental entity could not refuse my request just because of the litigation, right? I reside in the city so I am a citizen.

Right. Although the open records request was never meant to be used in litigation, it can be. You can find a template of the request letter here. Provided that it does not contain private employee information, ongoing criminal investigation information, or other protected information, the information should be rendered and may be used in Court.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Can opposing counsel file an objection or motion to strike with the court? Can the city object due to the litigation?

Expert:  Ely replied 1 year ago.
Can opposing counsel file an objection or motion to strike with the court?

For the Motion to Extend Discovery Deadline they can file a response and then it is up to the Court to decide. (Motion to Strike attacks technical aspects of a pleading, it does not apply here.)

Can the city object due to the litigation?

No. Nothing in the Public Records Law states that information open under it is automatically sealed due to the requesting party being a litigant against the entity.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87469
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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