Post by Jim on Jul 16, 2010 9:53:45 GMT -5
How do you get at facts the other side is hiding?
Tip #1: File a motion to compel discovery immediately.
If the bogus response is to your Request for Admissions, file a Motion to Deem Admissions Admitted.
If foot-dragging is in response to a Request to Produce, file a Motion to Compel Production.
If a response to Interrogatories is misleading or incomplete, file a Motion for Better Answers to Interrogatories.
Don't wait. Don't hesitate. Strike while the iron is hot!
File your motions and set them for hearing.
Do not file a Motion for Contempt. That is premature and will be denied. It is "out of order".
Tip #2: Know you are entitled to discover "inadmissible" information, documents, and things.
That's right!
Quoting Rule 26 of the Federal Rules of Civil Procedure, "Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, ..." The Rule then says, "Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence."
That's power you can use!
You're entitled to get at documents, things, answers, and other facts that aren't "admissible", so long as your discovery is "reasonably calculated to lead to the discovery of admissible evidence".
Every state follows the same idea.
When the other side complains, "The facts sought are inadmissible," you now know they are "hiding the ball".
File your motions and cut their throats!
Tip #3: Cite controlling appellate opinions in your motions to compel discovery.
Be prepared to show in yout motions how the facts you seek are "reasonably calculated to lead to the discovery of admissible evidence."
Show the court cases where the appellate courts have overturned decisions of trial judges that refused to allow parties to "get at the facts"!
Make certain the judge understands that failure to let you get at the facts you need to prove your case will result in your filing a Petition for a Writ of Certiorari or other appellate action to reverse his decision!
Tip #4: Never go to court without first arranging for a court reporter. If you move the court to compel discovery, and there's no court reporter to make a record so you can appeal if the judge denies your motion, the judge can do whatever he wishes ... knowing there is no chance for appeal.
Don't expect lawyers to fight fair.
Don't expect judges to do what's right.
Tip #1: File a motion to compel discovery immediately.
If the bogus response is to your Request for Admissions, file a Motion to Deem Admissions Admitted.
If foot-dragging is in response to a Request to Produce, file a Motion to Compel Production.
If a response to Interrogatories is misleading or incomplete, file a Motion for Better Answers to Interrogatories.
Don't wait. Don't hesitate. Strike while the iron is hot!
File your motions and set them for hearing.
Do not file a Motion for Contempt. That is premature and will be denied. It is "out of order".
Tip #2: Know you are entitled to discover "inadmissible" information, documents, and things.
That's right!
Quoting Rule 26 of the Federal Rules of Civil Procedure, "Parties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, ..." The Rule then says, "Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence."
That's power you can use!
You're entitled to get at documents, things, answers, and other facts that aren't "admissible", so long as your discovery is "reasonably calculated to lead to the discovery of admissible evidence".
Every state follows the same idea.
When the other side complains, "The facts sought are inadmissible," you now know they are "hiding the ball".
File your motions and cut their throats!
Tip #3: Cite controlling appellate opinions in your motions to compel discovery.
Be prepared to show in yout motions how the facts you seek are "reasonably calculated to lead to the discovery of admissible evidence."
Show the court cases where the appellate courts have overturned decisions of trial judges that refused to allow parties to "get at the facts"!
Make certain the judge understands that failure to let you get at the facts you need to prove your case will result in your filing a Petition for a Writ of Certiorari or other appellate action to reverse his decision!
Tip #4: Never go to court without first arranging for a court reporter. If you move the court to compel discovery, and there's no court reporter to make a record so you can appeal if the judge denies your motion, the judge can do whatever he wishes ... knowing there is no chance for appeal.
Don't expect lawyers to fight fair.
Don't expect judges to do what's right.