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Give Defendant Proof

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Green eyes

Junior Member
What is the name of your state? CA

Our small claims court date is next week and the defendant has asked me via certified letter to my place of work (I did not sign for this letter) for copies of documentation for what my claim is based on. I already provided her with documentation for half of my claim amount in invoices and receipts via email in an ealier attempt to settle out of court. Am I obligated to give her the rest?

She has counter sued me and has not provided me with any documentation for what her claim is based on. Does this matter one way or another?

Thanks,
 


JETX

Senior Member
Green eyes said:
Our small claims court date is next week and the defendant has asked me via certified letter to my place of work (I did not sign for this letter) for copies of documentation for what my claim is based on. I already provided her with documentation for half of my claim amount in invoices and receipts via email in an ealier attempt to settle out of court. Am I obligated to give her the rest?
Depends. How was this request made?? If a simple 'provide', then no you do not have to. If a subpoena, then yes, you have to comply with the subpoena or file a motion to quash or object.

She has counter sued me and has not provided me with any documentation for what her claim is based on. Does this matter one way or another?
Same for her. There is NO obligation in civil court to 'notice' the other side of your evidence.... unless it is by subpoena.
 
Last edited:

seniorjudge

Senior Member
And that kind of subpoena is called a subpoena duces tecum which is Latin for, "I want to see that stuff y'all have."
 

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