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Copies of Plaintiff's Documents

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  • 03-27-2011, 11:33 AM
    Drubwang
    Copies of Plaintiff's Documents
    My question involves collection proceedings in the State of: Wisconsin

    Discovery has ended and neither parties requested documentation from each other in my credit card case. I motioned for a dismissal on the grounds of insufficient facts as there were no additional documents requested from me during discovery (after the plaintiff's summary judgment was denied). The plaintiff responded by saying that I have no idea what facts they will present at trial and they still have a right to trial. My question is: Do they have to give me copies of any new evidence they acquired since their summary judgment was denied? If so do i need to formally request it?
  • 03-27-2011, 12:13 PM
    davidmcbeth3
    Re: Copies of Plaintiff's Documents
    Quote:

    Quoting Drubwang
    View Post
    My question involves collection proceedings in the State of: Wisconsin

    Discovery has ended and neither parties requested documentation from each other in my credit card case. I motioned for a dismissal on the grounds of insufficient facts as there were no additional documents requested from me during discovery (after the plaintiff's summary judgment was denied). The plaintiff responded by saying that I have no idea what facts they will present at trial and they still have a right to trial. My question is: Do they have to give me copies of any new evidence they acquired since their summary judgment was denied? If so do i need to formally request it?

    A dismissal is for arguing that the law does not support his cause of action.

    A summary judgment is for arguing that the facts plead do not support the cause of action or that the answer does not list any facts that adequately attack the complaint.

    Its clear that their summary judgment was denied; likely because you answered denied on their factual statements contained within their complaint.

    Why did you not do discovery?? You can still ask if the court has not cut off the time for discovery.

    The plaintiff is correct on the point questioned. A complaint does not have to list every fact that supports his cause of action; only that he has stated enough facts to support the cause of action. See the difference?

    The trial is where all the facts that the plaintiff believes supports his cause of action are presented (those that he wishes to bring to the court's attention anyways).

    I always limit the information in my complaint to the minimum amount of facts needed to support the cause of action together will all inclusive statements that leave other facts available for disclosure at trial.

    They do have to give you copies of documents they wish to present at trial; this would be during the trial ... since you did not ask for any documents this puts you at a disadvantage as to your objecting to documents being introduced for trial. You will not have the opportunity to fully review documents as you would have been able to do during discovery.

    You are free to file a motion to dismiss ; it will not be granted IMO
  • 03-28-2011, 09:07 PM
    Mr. Knowitall
    Re: Copies of Plaintiff's Documents
    Generally speaking a court will order the submission of witness and exhibit lists in advance of trial. You will be able to review any such lists ordered by the court, and will be able to examine the other side's exhibits at trial.
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