• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Sending Written Discovery Addressed to Wrong Court

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

MandMJay

Junior Member
California

I'm involved in two cases with this person. We are suing each other. I sued first in my county and received a separate lawsuit from another county later.

The person who sued me later on had written discovery sent to me addressed to the wrong court with the wrong filing date. I asked the person's attorney if they were sending it for the case where I sued them in my county, because that's the court they addressed the discovery to and their response that it was for their lawsuit.I responded, because I didn't want a Motion to Compel showing that I didn't answer anything. With every response I stated that I was unclear which court it was for and answered for what could be answered in either of our cases and objected to responses that did not relate to both cases. Some of their questions that they claim is for their case is looks like they are trying to obtain information where I sued them by going outside the limit of interrogatories for that case so they added it to their case.

Now, they filed a Motion to Compel and saying I'm being difficult. They did not include the page in their Motion that clearly address the wrong county and the wrong filing date. I think they did it on purpose. I'm going to add that page in my response. They used the wrong court and filing date on the Admissions, Production, and Interrogatories.

Is it even valid written discovery that they sent and can I have them to resend the discovery addressed to the correct court and with the correct filing date? I don't see how they can win a Motion to Compel when I actually answered some of the questions and they were not clear which court they were addressing. The only thing that shows they were using this for their lawsuit is the name of the judge and case number.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top