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Getting evidence in a civil case

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acmb05

Senior Member
What is the name of your state? Tennessee: I am being sued in civil court and want to know what kind of evidence they might have against me to better argue my case. I need to know what I would file to get them to turn over any evidence they may have against me.
 


JETX

Senior Member
I am being sued in civil court and want to know what kind of evidence they might have against me to better argue my case. I need to know what I would file to get them to turn over any evidence they may have against me.
What is your name and the name and phone number of the plaintiff?
Once I have that information, I will call them and ask.
 

JETX

Senior Member
Maybe I misunderstood the intent of your post....
You, as one of the party's to the lawsuit, have the right to pre-trial discovery.

discovery
n. the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protection against self-incrimination). Often much of the fight between the two sides in a suit takes place during the discovery period.
 

acmb05

Senior Member
Maybe I misunderstood the intent of your post....
You, as one of the party's to the lawsuit, have the right to pre-trial discovery.

discovery
n. the entire efforts of a party to a lawsuit and his/her/its attorneys to obtain information before trial through demands for production of documents, depositions of parties and potential witnesses, written interrogatories (questions and answers written under oath), written requests for admissions of fact, examination of the scene and the petitions and motions employed to enforce discovery rights. The theory of broad rights of discovery is that all parties will go to trial with as much knowledge as possible and that neither party should be able to keep secrets from the other (except for constitutional protection against self-incrimination). Often much of the fight between the two sides in a suit takes place during the discovery period.
Thanks that is what I wanted to know. I should be able to get that at the court house.
 

You Are Guilty

Senior Member
You need to serve the plaintiff with "discovery demands" (i.e. the item(s) you want turned over to you or the people you want deposed). If they fail to properly respond, you file a "motion to compel discovery" on the plaintiff and the court. Then, if you prevail, the judge orders the plaintiff to turn over the discovery you want.

Very little, if any, of the things you want will be "at the courthouse".
 

Quaere

Member
Go to the public library, Borders, Barnes and Nobles, or anywhere else that has a large selection of books in stock. Find the book called, "Represent Yourself in Court" by Nolo Press. The book will give you an overview of how to proceed.
 

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