Home     Law Advice     Insurance Advice     Community    
Go Back   FreeAdvice Legal Forum > COURTS, LAWYERS & LITIGATION > Legal Ethics & Lawyer Malpractice

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-01-2006, 02:20 PM
Junior Member
 
Join Date: Mar 2005
Posts: 16

When is Discovery Too Brudensome


What is the name of your state? CA

I am in Ohio.

I have a proceeding in CA. I have asked for some filed for Production of Documents. No many, about 50 to 75.

Their attorney has refused to forward any documents stateing that it would be too burdensome to do so. He says they are available for inspection at his office and that I can come from Ohio if I want to see them.

I don't want to have to file for the judge to compel production of documents. Is there another way?

Thank you ... viki
  #2  
Old 10-01-2006, 02:34 PM
Senior Member
 
Join Date: Jun 2000
Location: Somnambulist University
Posts: 39,555
Quote:
Originally Posted by vkbarefoot View Post
I don't want to have to file for the judge to compel production of documents. Is there another way?
Yep. You can have your attorney file a motion to compel and then argue that your request is not 'burdensome' at the hearing.
Of course, if you don't have an attorney... then you need to get one.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #3  
Old 10-03-2006, 10:30 AM
Senior Member
 
Join Date: Dec 2005
Location: Ohio
Posts: 31,798
Quote:
Originally Posted by vkbarefoot View Post
What is the name of your state? CA

I am in Ohio.

I have a proceeding in CA. I have asked for some filed for Production of Documents. No many, about 50 to 75.

Their attorney has refused to forward any documents stateing that it would be too burdensome to do so. He says they are available for inspection at his office and that I can come from Ohio if I want to see them.

I don't want to have to file for the judge to compel production of documents. Is there another way?

Thank you ... viki
NOT MANY? What kind of case is this? you asking for 50 to 75 different productions is BURDENSOME!
In my last case I asked for five productions which will probably yield anywhere from 20 to 100 different documents. One production does NOT necessarily equal one document. And he is NOT refusing to produce them. He is telling you to go look at the documents in his office. SO GO. Your motion to compel would be laughed at in many courts as the attorney is cooperating. you are the one who is refusing.
__________________
Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
  #4  
Old 10-03-2006, 11:06 AM
Senior Member
 
Join Date: Jul 2004
Posts: 17,799
When you made your request for production of documents did you include the cost for copies? You can send a legal service to copy the records for you at your cost. You really need to get an attorney to represent you in CA if you don't know what you are doing.
__________________
I am not an arborist.
  #5  
Old 10-03-2006, 10:23 PM
Senior Member
 
Join Date: Oct 2001
Location: california
Posts: 7,789
What specifically is to be produced? Has the other attorney told you how much it would cost to copy the information for you? Did the other attorney serve you with a timely response that included an objection to producing the requested items in Ohio? Is the case you filed in Unlimited or Limited Jurisdiction?

Review California Code of Civil Procedure Section 2031
__________________
Cal Naughton, Jr.: I like to think of Jesus as a mischievous badger.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 12:26 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.