Counter Claim

[K.S.Scott]

What is the name of your state? Idaho
Im counter claim suing my ex as per advised. I only have a quick question. He has some info that I need to look over (example bank statements etc. Is there a way that I can get a form like a petiton of discovery that he would have to supply me with certain document to me before court? and if so what would they be call and where would I download them?

 

[Terry7]

In NY here,As long as your listed as a party to the action you can subpoena info ( for evidence ) for court.
Cantact the courts clerk. There is ussually a small fee 2 or 3 dallars for each subpoena, you file out a request,a Judge signs them,and the court will give you instructions on how to proceed.

 

[HomeGuru]

In NY here,As long as your listed as a party to the action you can subeana info ( for evidence ) for court.
Cantact the courts clerk. There is ussually a small fee 2 or 3 dallars for each subeana, you file out a request,a Judge signs them,and the court will give you instructions on how to proceed.

**A: Terry7, what was the highest grade of education that you completed?

 

[JETX]

And why the hell would you tell someone in Idaho what the NY courts do??? You do know that Idaho is not a part of NY, don't you???

 

[JETX]

"What is the name of your state? Idaho
Im counter claim suing my ex as per advised. I only have a quick question. He has some info that I need to look over (example bank statements etc. Is there a way that I can get a form like a petiton of discovery that he would have to supply me with certain document to me before court? and if so what would they be call and where would I download them?"

*** I am also confused. Your post clearly says "Im counter claim suing my ex as per advised" and is posted in the Small Claims forum. However, Idaho does NOT allow counter-claims in small claims court!! The following is from Idaho Rules of Civil Procedure:
Rule 81(b). Counterclaims prohibited.
There shall be no counterclaims filed to a claim in the small claims department, provided this shall not prevent the filing of a separate claim in the small claims department, regardless of the residence of the original plaintiff; and such small claim may be consolidated for hearing with the original small claim in the discretion of the magistrate hearing the initial small claim.
(Adopted April 11, 1979, effective May 1, 1979.)"
Source: http://www2.state.id.us/judicial/rules/ircp81.rul

So, clearly, you are confused about the action taken.... or the court is was filed in.

In any case, what you are trying to do (obtain documents) is called pre-trial discovery. It is allowed per the Idaho Rules. A copy of the applicable rule is at:
http://www2.state.id.us/judicial/rules/ircp26.rul

 

[Terry7]

**A: Terry7, what was the highest grade of education that you completed?

A: The key to communicating is patience .

 

[HomeGuru]

Patience will not get you a higher grade level Terry7. Or earn you a high school diploma. You didn't stay in school and that is evidenced by your poor grammar and bad spelling.