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Ray
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Category: Real Estate Law
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Court ordered: "The parties to file and exchange Witness List

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Court ordered: "The parties to file and exchange Witness List and exhibits by June 24th. Discovery shall close on July 1st..."

Does this mean that I have to mail witness list and all exhibits (do I need to number them as a Petitioner?) by June 24th, or they are to be received by that date? Can I physically bring it to my opposition attorney secretary to get a receipt? Do I need to file exhibits with the Court? DO I need to include my opposition in witness list so that she does not skip hearing?

Discovery wise, how many days in advance do I need to send discovery letter to my opposition? Do one week suffice? DO I need to file it with the Court?

 

RayAnswers :

Thanks for your question and good evening.

RayAnswers :

The court orders reflect that the Witness list and Exhibits(List and actual documents) be received by July 1, 2013 here as you present it.

RayAnswers :

If you are the Petitioner you would number them P!, P2,P3 , etc.I would also recommend numbering all the pages from start to finish--P! would be page 1 and go from there.That allows the judge, witness, and other party to reference a particular page.So say P5 page 13 allows everybody to change to that page and for either side or the judge to ask a question and reference and everybody knows exactly what they are talking about.The page numbering is often referred to as bate stamping.

RayAnswers :

And yes you may personally deliver it to the other lawyer here and get something signed acknowledging hand delivery.You would file the receipt with the court as proof of timely compliance.

RayAnswers :

You should send the court copies of the Witness List and Exhibit List.You would not need to send the Exhibits head of time here to the court, the Exhibit List shoudl suffice.

RayAnswers :

The other side here should also send you their discovery by July 1, 2013 as well so that you can prepare as well.

RayAnswers :

Once you receive the other sides witness list and Exhibits you may object by a response filed with the court or raise it at hearing.Either way the court would rule on these prior to trial on the merits.

RayAnswers :

Here are the Indiana Rules of Trial Procedure.I would recommend you print these and take them with you.They govern any disputes and the trial process, etc.

RayAnswers41445.9687588079
RayAnswers :

Here are the rules of evidence they cover admissibility of exhibits, etc.

RayAnswers :

Again you may want to print these and take with as they will control the evidence, testimony, etc.

RayAnswers :

Finally check here for local rules in your court, again you may want to print these too.

RayAnswers :

A sample form for a witness list and exhibit list, you can combine them.

RayAnswers :

It has been my pleasure to assist you tonight.Please let me know if you have more follow up.Thanks again.

RayAnswers :

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

Customer:

Thank you for you answer. Well Witness List and exhibits are by June 24th, not July 1st. July 1st we shall close discovery.

Customer:

How much in advance I shall ask for discovery? If opposition secretary is not in or refuses, can I just mail to her on the last day. Finaly when submitting receipts to the court clerk, should I file a motion or just bring receipts to the clerk of courts?

RayAnswers :

So you can hand deliver here or overnight mail them say through US Postal Service.That will keep you in compliance.

RayAnswers :

Good luck here with your case.

RayAnswers :

You also want to bring like four copies of your exhibits to hearing-- judge's copy, witness copy, yours, and a spare.Then you should be able to deal with any contingencies.

RayAnswers :

Thanks again.

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