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Obtaining documents

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What is the name of your state? TX

In a civil suit can the attorney for the plaintiff obtain copies of documents that are in the defendant's possession? Never being involved in a civil suit prior to this I do not know the steps involved in the procedure. Is there a discovery period where the attorney has the opportunity to view the opposing side's evidence? If a suit is filed against you and you in turn file a counterclaim, then who bears the burden of the court costs?
 


BelizeBreeze

Senior Member
What is the name of your state? TX

In a civil suit can the attorney for the plaintiff obtain copies of documents that are in the defendant's possession?
Yes, either by discovery or subpoena.
Never being involved in a civil suit prior to this I do not know the steps involved in the procedure.
That's why attorneys go to school.
Is there a discovery period where the attorney has the opportunity to view the opposing side's evidence?
See above.
If a suit is filed against you and you in turn file a counterclaim, then who bears the burden of the court costs?
whomever the court orders to pay.
 
Thanks. I appreciate you responding so quickly.

A little more advice please......

This situation involves a verbal agreement made between what were supposed to be two friends. Both motorcycle enthusiasts, one a "shade-tree" mechanic, (no licensed shop), the other needing a few repairs. The verbal agreement on repairs was limited to what the bike owner felt was absolutely necessary and what he knew he could afford: check the brakes, problem with electronic ignition, and clutch repair. The "mechanic" pulled out some sort of repair authorization "to avoid any problems" but as he had not priced the parts, and didn't know exactly how long it was going to take, the repair order was blank. The bike owner signed it since this was his buddy and told him to let him know what the parts were going to cost and give him an estimate on labor.( Never dreaming this would be a problem) As time went on, he never could get any information, receipts, or anything from the mechanic friend. Finally, informed that the bike was ready, the owner went to pick it up. When he arrived, there was no bike on the premesis. The "mechanic buddy" said he could not have the bike until the repair bill was paid in full and then presented the owner with a repair bill of over FIVE THOUSAND DOLLARS. He had filled that blank repair order up with these costly repairs he took upon himself to do and was now sticking it to his "friend". There had been alot of work done that was never authorized by the owner, new handlebars, very expensive braided oil lines, various expensive cosmetic stuff had been added and so on. He refused to tell the owner where the bike was ( in storage somewhere) until the bill was paid. Needless to say the owner did not have the FIVE THOUSAND dollars, would NEVER have authorized work that came to that cost, and was not being allowed to even inspect the bike and the repairs that were stated on the repair bill. He has no proof that all that work was actually done. This has been a month now and he still has not seen the bike. The police will not get involved, they say it is a civil matter, I say it is bike theft. A demand letter has been sent and a civil suit will be filed as soon as the receipt for the certified letter comes. Does the bike owner have any ground to stand on? Did signing the blank repair order seal his fate or does the verbal agreement have any bearing? What do you see happening here? There are witnesses to the verbal agreement, and witnesses to the fact he was prevented from inspecting the repairs. He needs advice as to what steps to take next. Can this shade tree mechanic file a mechanic's lien since he does not have a licensed shop?
 

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