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How do you do a demand for discovery for a small claims ca

se?...
How do you do a demand for discovery for a small claims ca se?
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Answered in 4 minutes by:
2/1/2013
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,445
Experience: 30 years in civil, probate, real estate, elder law
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RayAnswers :

Thanks for your question and good afternoon.

Customer:

Good afternoon to you as well.

RayAnswers :

You would draft a Motion for Production of Documents and set out in it what documents you are seeking from the other party.You will have to hand draft this there is not a pre made form for such discovery here.You would set out the items you are asking for and then sign the motion and serve it on the other party, copy to the court.

Customer:

Could we just request all "evidence"

RayAnswers :

You also have the option here to subpoena the person and the documents to the hearing.You will not get to see them ahead of time but you will be able to see them in court and have them introduced as exhibits and ask questions about them from the witness.

RayAnswers :

You can ask for any and all documents pertaining to......and describe what you are asking for ..that should work.

Customer:

We would prefer to have them before court. Is there any statutes that should/could be used in the motion?

RayAnswers :

Yes give me a minute to get that for you.

Customer:

perfect thank you.

RayAnswers :

Rule 804.01 here below of the Rules of Civil Procedure.

RayAnswers :

Heading--name of case, court, etc.

RayAnswers :

Motion for Production of Documents.

RayAnswers :

Now Comes your name, petitioner or defendant in the above styled and numbered cause and makes this motion for production of documents pursuant to Rule 804.01 and requests the following documents......

RayAnswers :

And list what you are asking for.Sign it and copy and send to other side, copy to the court.

RayAnswers :

Good luck to you here

RayAnswers :

Thanks for being patient while I got you the information you asked for.

Customer:

Thank you so much. It is much appreciated and a big help.

RayAnswers :

Good luck and thanks.If you can leave a positive rating it is much appreciated.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Ray
Ray, Lawyer
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Experience: 30 years in civil, probate, real estate, elder law
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Customer reply replied 4 years ago



In a demand for discovery is there a deadline to send/recieve the documents in a small claims case?


 


Optional Information:
Country relating to Question: USA
State (if USA): WI
Zip Code (if USA): 53081
What have you tried so far?: can you put a deadline if there is not one?




 

804.09 Production of documents and things and entry
upon land for inspection and other purposes. (1) SCOPE.
A party may serve on any other party a request within the scope
of s. 804.01 (2): a) to produce and permit the requesting party or
its representative to inspect, copy, test or sample the following
items in the responding party’s possession, custody, or control: 1.
any designated documents or electronically stored information,
including writings, drawings, graphs, charts, photographs, sound
recordings, images, and other data or data compilations stored in
any other medium from which information can be obtained either
directly or, if necessary, after translation by the responding party
into a reasonably usable form; or 2. any designated tangible
things; or b) to permit entry onto designated land or property possessed
or controlled by the responding party, so that the requesting
party may inspect, measure, survey, photograph, test, or sample
the property or any designated object or operation on it.
(2) PROCEDURE. (a) Except as provided in s. 804.015, the
request may, without leave of court, be served upon the plaintiff
after commencement of the action and upon any other party with
or after service of the summons and complaint upon that party, and
shall describe with reasonable particularity each item or category
of items to be inspected. The request shall specify a reasonable
time, place, and manner of making the inspection and performing
the related acts. The request may specify the form or forms in
which electronically stored information is to be produced.
() 1. The party upon whom the request is served shall serve
a written response within 30 days after the service of the request,
except that a defendant may serve a response within 45 days after
service of the summons and complaint upon that defendant. The
court may allow a shorter or longer time. The response shall state,
with respect to each item or category, that inspection and related
activities will be permitted as requested, unless the request is
objected to, in which event the reasons for objection shall be
stated. If objection is made to part of an item or category, the part
shall be specified. The response may state an objection to a
requested form for producing electronically stored information.
If the responding party objects to a requested form, or if no form
was specified in the request, the party shall state the form or forms
it intends to use.
2. Unless otherwise stipulated or ordered by the court, these
procedures apply to producing documents or electronically stored
information:
a. A party shall produce documents as they are kept in the
usual course of business or shall organize and label them to correspond
to the categories in the request;
b. If a request does not specify a form for producing electronically
stored information, a party shall produce it in a form or forms
in which it is ordinarily maintained or in a reasonably usable form
or forms; and
c. A party need not produce the same electronically stored
information in more than one form.
(c) The party submitting the request may move for an order
under s. 804.12 (1) with respect to any objection to or other failure
to respond to the request or any

 

Reference..

http://docs.legis.wisconsin.gov/statutes/statutes/804.pdf

 


The rule above covers the timing of motion to produce documents.They have to produce the documents or respond here and seek a protective order within 30 days.You can ask the court for a shorter time here if you need it sooner.

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Customer reply replied 4 years ago

They scheduled a court hearing after the pre-hearing less than 30 days away. It is on the 20th. If i put a request in for a date prior to retrieve documents couldnt they "dick us around" and not give it to us since legally its within 30 days?

You would want to get this on file as soon as you can.You can also ask for a continuance here--another motion if you need more time to review the documents and prepare.This would be good cause for a continuace if you need more time to get the documents.

I wish you good luck with all of this.
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 44,445
Experience: 30 years in civil, probate, real estate, elder law
Verified
Ray and 87 other Legal Specialists are ready to help you
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