Plaintiffs Lawyer Driving Me Nuts

[marcsmom]

What is the name of your state? MD

I am in the middle of a child custody case. Trial is next week. I was late in asking for Discovery b/c I am pro se and didn't know I could. Anyway, I sent a Request for Production of Documents on March 10; the attorney says she doesn't know anything about that. I sent the same request in a subpoena after 30 days; now she says she won't answer because I have asked for voluminous information less that 15 days prior to trial. I have proof from receipt and delivery confirmation that I sent the original Request for Production of documents, with a Certificate of SErvice filled out on the bottom and proof the attorney received it according to USPS.

I think she's been taking advantage of me b/c I am pro se all along, but do lawyers do this kind of thing? Denying they've received things? I sent it with delivery confirmation b/c she put in a Motion to Strike all of my pleadings b/c she said she didn't receive a copy of a pleading--I sent her a THIRD copy and I would be sending everything with Delivery Confirmation. I am out of state in CO, but the case is in MD.

 

[Texas Pooh]

Have you checked the rules of civil procedure for Maryland? Generally, service must be made by certified mail.

Further, when a party fails to respond to discovery, you must bring a motion to compel to enforce production.

Thus, if you believe that your discovery request was timely (at least 63 days before trial) and properly served (certified mail), then you bring a motion to compel when its not answered after 34 days. The court rules on the motion.

Sending a subpoena was useless.

The attorney is not taking advantage of you. By contrast, you are required to play by the same set of rules that an attorney must. It is not up to the attorney on the other side to deal with a new set of rules that you arbitrarily make up.

Sounds harsh? It is, but that's the risk any party takes when they elect to act pro se.