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I am both a defendant and counter-plaintiff in civil. I

Hi! I am both a...
Hi! I am both a defendant and counter-plaintiff in civil. I understand there is a limit in time for the discovery period. I know I have to submit my evidences for my counter-claim in time and the opposing side has Request for Production and have only asked for the stuff in my counter-claim. I do have a lot of stuff to defend myself from the plaintiff but they aren't asking for that stuff. So, do I just walk into trial with my stuff defending myself from their claims since they didn't ask?
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Answered in 52 minutes by:
3/28/2018
Bill Attorney
Category: Legal
Satisfied Customers: 2,043
Experience: Attorney
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Dear Customer ,

Thank You for posting your civil procedure request in Texas. I'm attorney Bill assisting you with the collection and production of documents to the adverse party.

You must comply with your adversity's request for discovery of documents that you will be producing at trial.

If you need more time to collect documents and comply with a discovery request you should request an extension from the court by filing a motion.

The rule on discovery is the following:

"

a. In General. Parties may obtain discovery regarding any matter which is relevant to the subject matter in the pending action whether it relates to the claim or defense of the party seeking discovery or the claim or defense of any other party. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence. It is also not ground for objection that an interrogatory propounded pursuant to Rule 168 involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such an interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time. It is also not ground for objection that a request for admission propounded pursuant to Rule 169 relates to statements or opinions of fact or of the application of law to fact or mixed questions of law and fact or that the documents referred to in a request may not be admissible at trial.

b. Documents and Tangible Things. A party may obtain discovery of the existence, description, nature, custody, condition, location and contents of any and all documents, (including papers, books, accounts, drawings, graphs, charts, photographs, electronic or videotape recordings, and any other data compilations from which information can be obtained and translated, if necessary, by the person from whom production is sought, into reasonably usable form) and any other tangible things which constitute or contain matters relevant to the subject matter in the action. A person is not required to produce a document or tangible thing unless it is within the person’s possession, custody or control. Possession, custody or control includes constructive possession such that the person need not have actual physical possession. As long as the person has a superior right to compel the production from a third party (including an agency, authority or representative), the person has possession, custody or control."

SO long as you comply with the above rule and discovery request if any you will be complaint.

We are here to help so please follow up with me as required.

In return your positive rating is what 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 this regard.

Best

Attorney Bill

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Customer reply replied 29 days ago
Hi Bill. Let me reiterate my question. It seems you didn't answer my question. I'm sorry I wasn't clearer. You're telling me I must comply with their requests, but as I already stated in the initial post, they didn't ask for it. I have reason to believe that you didn't read the initial post deeply, but skimmed/scanned it for key words to answer; sometimes I do that and so I understand no biggie.The discovery period ends a month before trial. The plaintiff did not ask for my evidence to disprove their claim, but asked for my evidence in my counter-claims. (Ergo, I do not have intentions on telling them what I have to disprove them unless they ask, I don't want to volunteer, and feel I can just walk into trial with it all and destroy them that way.) And so, since they didn't ask for this evidence, can I do as I described in the preceding parenthesis since they didn't ask? Or, "must" I volunteer the evidence?Thanks for your info.

I read your question in full and stated that you need to comply with discovery requests or a pretrial conference on discovery. If your adverse party has made no discovery request of your intended production of evidence that is there on undoing or they may be confident to proceed without knowing all the evidence you intend to produce.

Discovery requests should have be sent to you or filed with the clerk's office.

If not then you aren't bound to produce your evidence.

We are here to help so please follow up with me as required.

In return your positive rating is what 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 this regard.

Best

Attorney Bill

Bill Attorney
Category: Legal
Satisfied Customers: 2,043
Experience: Attorney
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Bill Attorney and 87 other Legal Specialists are ready to help you
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Customer reply replied 28 days ago
Ah I see. Thank you so much for further explaining.
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