how Request Plaintiff to supply evidence

[tc1811]

What is the name of your state (only U.S. law)? calif

I have a case where I am the plaintiff and have recd a countersuit in small claims.

Although i do not believe the counter claim has merit I need to present a defense. In the claim the other party is saying I owe $2500 for repairs he paid to Construction Co ABC for damages he claims I am responsible for. I have never recd a bill or demand and therefore do not know anything of this company. I want to subpeopna the owner to court to question the facts of his repairs ect.

I have searched the contractors lisc board for the co. and the fictitious name records with no luck.

How do i request the court to make the other party supply me with the information before I appear in court?

I am familiar with form sc107 to subpeona records and / or witness but I cant file that without the information of the person or company.



Thank You

 

[sandyclaus]

Gathering Evidence for Small Claims Case

What is the name of your state (only U.S. law)? calif

I have a case where I am the plaintiff and have recd a countersuit in small claims.

Although i do not believe the counter claim has merit I need to present a defense. In the claim the other party is saying I owe $2500 for repairs he paid to Construction Co ABC for damages he claims I am responsible for. I have never recd a bill or demand and therefore do not know anything of this company. I want to subpeopna the owner to court to question the facts of his repairs ect.

I have searched the contractors lisc board for the co. and the fictitious name records with no luck.

How do i request the court to make the other party supply me with the information before I appear in court?

I am familiar with form sc107 to subpeona records and / or witness but I cant file that without the information of the person or company.



Thank You

You must subpoena the records you are requesting. Use the Subpoena Duces Tecum SC-107 to request documents that support his claim, including the name & address of the person/company providing services and any contact information (including phone #, contractor license #); copies of any invoices and work orders to identify who (person/company) provided the services and showing details on services provided (including any photographic documentation, if available), dates provided, service location, and costs for those services; copies of any payment records (receipts, credit card statements, or cancelled checks) that show how & when payment was made for those services.

The other party MUST provide everything requested on the subpoena. He should have everything above to support that the services were actually provided, who provided them, and how they were paid for (and how much was paid). Any missing items will be suggestive that he may be making up something for the sake of winning his case - a bad idea with a judge who pays attention. You may not need to get the info directly from the alleged contractor who was supposed to have done the work.

Good luck.

 

[tranquility]

While the above answer seems complete and accurate, I don't think CA small claims has discovery.

 

[sandyclaus]

Discovery for Small Claims

While the above answer seems complete and accurate, I don't think CA small claims has discovery.

They do, it's just a little different than the standard discovery process in regular civil cases. No interrogatories, no motions to exclude or compel discovery, just the subpoena duces tecum (to subpoena a witnes and/or relevant evidence), served to the other party before the hearing.

Another difference is in when the evidence is received and how long you have to work with it before trial. In small claims, the subpoenaed party must bring the documents to court with them on the trial date (if appearing) or send them to the court prior to the court date (if not required to appear). The other party gets to see this evidence only on the day of the hearing. If evidence is not brought as required, then the judge can consider the absence of it as a negative, especially when its critical to prove the subpoenaing party's case (i.e., what are they hiding by not complying), unless there is a good reason that it isn't brought before the court.