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Question

In am suing a professional person for breach of contract. I need the files I sent him before the suit was filed so i can know what information I originally sent. On the same day I file the suit can I subpoena the files I sent and what would be the exact wording on the subpoena to identify th files

Submitted: 303 days and 16 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Posted by PaulMJD 303 days and 16 hours ago.

Answer

You can file for discovery at the same time you file your suit. You would serve the party with a Request for the Production of Documents which would ask for copies of any and all records supplied to him by you in (and describe the matter). You would also ask for the return of any and all original documents that you supplied to him.


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303 days and 15 hours ago.

Reply

You say "serve the party" is this just a mailed copy of the filed "Request for Production of Documents" and then the defendant has 30 days to respond.

Accepted Answer

The RFPD can be served by just regular mail, unlike the suit. Since you are serving him the RFPD at the same time as the suit, he gets 30 days beyond the time he has to file an answer to the suit to respond.

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Expert: PaulMJD
Pos. Feedback: 99.5 %
Accepts: 
Answered: 1/23/2009

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