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I am a pro se litigant in civil district court. Today I

Hi. I am a pro...
Hi. I am a pro se litigant in civil district court. Today I received the plaintiff's: request for production and interrogatories to defendant. They ask that the response be received in 30 days. The problem is that the defendant, myself of course, has been taking care of her ma who fell down steps and injured herself badly. The doctor orders is that she stay in her neck brace for two more months as of the 20th this month and that she can not drive either. She can not care for herself and so the defendant has to for this period of time. What is the appropriate way to respond to the two requests to substantiate that I am taking care of my mother and that their request will have to wait? Thanks.
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Answered in 12 minutes by:
3/27/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,043
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Dear Customer ,

Thank You for posting your civil procedure question this evening. I'm attorney Bill assisting you in relation to responding to a subpoena. You would need to contact opposing counsel or the clerk of the court requesting an extension of time.

If you oppose completely the subpoena and compliance therewith you need to file a motion with the court to quash the subpoena outlining why compliance is impossible or incurs methods and an amount of time that is far-reaching and overburdening.

If you have a copy of the subpoena this is something that I can review as an optional extra service/ premium service just let me know.

We are here to help so please follow up with me until your legal issue is sorted.

In return a positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in relation to my answer.

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Attorney Bill

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Customer reply replied 29 days ago
It's not a subpoena, it's just discovery. Nowhere on the papers does it denote subpoena or summons. They're asking for the evidence in my counter-claims. I have every intention to submit my evidence proudly, but now is just not the time. Will you please point me to the Texas TRCP Rule that corresponds to being absent for a while to care for someone? Thank you!Discovery period ends 10.5.18
Trail 11.5.18

Yes you request a modification of the discovery plan by motion to the court under the following rule:

"190.5 Modification of Discovery Control Plan. The court may modify a discovery control plan at any time and must do so when the interest of justice requires. The court must allow additional discovery: (a) related to new, amended or supplemental pleadings, or new information disclosed in a discovery response or in an amended or supplemental response, if: (1) the pleadings or responses were made after the deadline for completion of discovery or so nearly before that deadline that an adverse party does not have an adequate opportunity to conduct discovery related to the new matters, and (2) the adverse party would be unfairly prejudiced without such additional discovery; (b) regarding matters that have changed materially after the discovery cutoff if trial is set or postponed so that the trial date is more than three months after the discovery period ends. "

You can outline your need to provide care in the motion to the court. You should include all the pertinent details as to why you cannot comply with discovery within the normal time limits and your need for extension.

A positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in relation to my answer.

Thanks

Attorney Bill

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Customer reply replied 29 days ago
Is it possible to get the trial date pushed back in the same manner as the "modification" for discovery 190.5, since the discovery date can be pushed back and they are just one month apart?

Yes you can include this request on the same motion for rescheduling of the court date or the judge can do it on its own accord. Just outline your reasons in the same form motion.

A positive rating gives me a credit for my time.

You do this by rating 5*****, 4**** or better.

FIVE STARS or your rating is much appreciated in relation to my answer.

Thanks

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,043
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Customer reply replied 29 days ago
Thank you!

Your welcome, Your positive feedback is appreciated.

Attorney Bill

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