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

vkbarefoot said:

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

Click to expand...

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.

vkbarefoot said:

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

Click to expand...

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.

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.

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