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Question

In Texas the Rules of Evience and Rules of Civil Procedures are not in efect in Small Claims Court suit. If an attorney representing a defendant in a suit filed in Small Claims Court sends the Plaintiff the Defendants Interrogatories and Request for Production of Documents, would it be advisable not to respond Or to respond?

Submitted: 714 days and 7 hours ago.
Category: Legal
Value: $30
Status: CLOSED
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Austin, Texas

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Can you explain what you mean that the rules are "not in affect in Small Claims Court suits"? It is true that the Rules of Evidence are not in affect because it is the burden of the Plaintiff to show the guilt of the defendant, however, the rules of civil procedure are, but at a relaxed standard since this is a court designed for those not being represented by attorneys who would otherwise not be as well learned in the legal issues; read those HERE and HERE. You may want to read more HERE which also states:

"ANSWER: The defendant(s) in your suit is commanded to answer to the Court, in person or in writing, on the Monday following the expiration of ten days from the date the citation was served upon him.

REPRESENTATION: Small Claims Court was designed for individuals to be able to file suits without the assistance of an attorney, however, you may be represented by an attorney if you choose to do so, The Rules of Evidence are not in effect in Small Claims Court and the Rules of Procedure are relaxed.

PREPARING YOUR CASE FOR TRIAL: The Plaintiff has the burden of proof to show by the weight of the evidence that the defendant is at fault, You should bring with you to trial all proof of damages and evidence necessary to substantiate your claim. If you have witnesses to your suit who will not come to court voluntarily, you may order subpoena to compel then-i to appear. You must submit your request for a subpoena in writing at least one week prior to your trial date and pay the required fee for service. (Check with the Clerk of the Court for the proper fees.)

DEFAULT JUDGMENTS: If the defendant in your suit fails to answer to the Court, only you, the plaintiff, will be notified for Court for an appearance on the DEFAULT DOCKET. You will be asked to briefly state the facts of your case and present any written evidence you may have to support your case."

HERE is the state statues on Small Claims and how to file, etc. HERE.

Always respond, even if it is to deny their request, you always need to respond or risk a default judgment being rendered. If you feel their request is unconsciousable and unwarranted, then state that as your reason for not complying with the request. Small Claims serves only one purpose, the recovery of money owed. If it is a suit for anything other than the recovery of funds, it must be heard in civil court and thus subject to the Rules of Civil Procedure (this would be if you asked the court to force someone to return your property, fix it, etc.). When you respond, basically state that according to the Texas state laws on Small Claims suits, you are not obligated to provide the defendant with this evidence and you are prepared to disclose this information for the court on the said court date; read more HERE for further help. If you would like further verification, I suggest contacting the Tex Bar.

 

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Expert: truthfinder
Pos. Feedback: 98.7 %
Accepts: 2088
Answered: 4/4/2008

Truth Finder

I'm a straight forward person w/ a professional manner & drive to find the truth!

714 days and 6 hours ago.

Reply

If you were to be my attorney would you want me to respond to Defendant's Interrogatories and Production od Documents. Or would you want me to wait until the court date to present it to the Judge.

Posted by truthfinder 714 days and 6 hours ago.

Answer

Hypothetically, if I were advising you, I would state as I did previously, I would respond by stating that you deny their request to provide any requested information to them until the trail date as is your right under the state statutes for your state which disallow the Rules of Evidence to be used in Small Claims actions. Simply notify them that you have received their request but respectfully deny it based on the Rules of Evidence not being in affect for Small Claims suits and therefore they will be presented with the information at trial. The statute actually states that even when discovery is permitted, it is at the sole discretion of the court. This would mean if they wanted the information, they would have to have the court order you to provide it since it is "permitted" but not mandatory; read HERE:

"28.033. Hearing

(a) If both parties appear, the judge shall proceed to hear the case.
(b) Formal pleading other than the statement is not required.
(c) The judge shall hear the testimony of the parties and the witnesses that the parties produce and shall consider the other evidence offered.
(d) The hearing is informal, with the sole objective being to dispense speedy justice between the parties.
(e) Reasonable discovery in small claims court shall be permitted. Discovery is limited to that considered appropriate and permitted by the judge
."

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