Real Estate Law
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Hi - thanks for requesting me!
Do you know if there's a scheduling order for your case?
This would be an order that sets deadlines for discovery to be completed, motions to be filed, parties to be added, etc.?
I dont believe so. I am double checking.
No the court had a motion to vacate the case due to inactivity; then he filed motion for summary judgement; I filed extension of time request; he opposed and that is where we are.
Ok. If there's a scheduling order is NOT in place, then your right to do discovery would likely still be available. The rules usually say that discovery should be completed within 90 days of the answer being filed, but that rarely happens, and courts generally allow discovery to transpire unless the trial date has been set and is VERY close.
Judge granted more time to September 24
Thus, you should be able to issue discovery to the other side.
Discovery is divided into three categories:
1. Interrogatories - questions to the other side;
How do I do that? He stated in his objection that I had not done this despite having plenty of time.
2. Requests for Production of Documents - request for documents you want/need - - such as original loan documents;
3. Requests for Admissions - request the other party to admit/stipulate to certain facts in the case
That's why they're not giving you the documents.
I was counting my blessings that they had not done anything. So do I send him a document or how do I do it? I don't think they have the documents!!
If you have not issued discovery to the other side, they're not legally obligated to provide you with anything. Thus, you can't file a motion to compel until/unless a discovery request is not responded to.
No, there is usually no form discovery that the court will provide. You usually have to do it on your own.
So is that a letter to him?
I feel that it has not been responded to because I have asked for it three times!
However, there are usually samples online that you can use as a go-by. It's not a letter - - let me see if I can find a sample.
If you don't formally request the documents through discovery, you're not entitled to it.
What kind of stuff should I ask for other than doc?
Here's a good sample Request for Production of Documents form: http://savethecave.com/florida-foreclosure-law/defend-florida-foreclosure-lawsuits/sample-discovery-request-florida/
Here is a sample of common interrogatories: http://livinglies.wordpress.com/2010/03/11/sample-interrogatories/
Sample Requests for Admissions can be found here: http://www.foreclosureprose.com/storage/forms/Discovery-Admission.pdf
Sure. Glad to help.
There is no exact process, and you can ask for anything you can think of so long as it is relevant to the issues in your case. But, you need to use the basic form.
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