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  1. #1
    Join Date
    Jan 2015
    Posts
    1

    Default Discovery Served at the Last Second

    My question involves small claims court in the state of Michigan regarding my Lawsuit against my Condo Management Company.

    Background of Case:

    The Defense Lawyer filed a motion for Discovery at the Pretrial and we had 60 days to complete the Discovery. The Defense Lawyer then sent me his request for Discovery on Day 57 and advises me that I need to complete the request within 28 days, however, we have court on what would be Day 65.

    So basically he tried to extend the judges order of 60 days to complete the Discovery by several weeks.

    I just want know a way to articulate to the judge how the Defense failed to ask for Discovery in a reasonable amout of time.

    Note: Discovery was suppose to completed by 60 days. Which means day 57 is not a reasonable amount of time to start it.

    I figured I'll bring everything to court but he is not getting it any sooner. I really want to argure for a default.

    Thank-You and I appreciate all the help!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Plaintiff Requests at the Last Second

    You would cite the applicable rule of civil procedure of the applicable court if the request is beyond the time allowed. Other than that, you argue the motion appears to be an attempt to delay the process and should not be allowed.




    I figured I'll bring everything to court but he is not getting it any sooner. I really want to argure for a default.
    you need to make up your mind whether you are the plaintiff or defendant. If you are the plaintiff, as long as the other party shows up there is no default possible. If you are the defendant, you don't get to argue default but would have to make a motion to dismiss the suit if the plaintiff did not appear.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Plaintiff Requests at the Last Second

    The terms of the scheduling order govern discovery. It is quite possible that the terms of the scheduling order permit the defense to serve written discovery within the defined time frame, even if the answers are due afterward. If you want somebody here to be able to tell you if you have a basis to object to the discovery request based upon the date your answers are due, you will need to refer to the scheduling order and quote its exact language.

    You posted this as a small claims question, but you are stating that a lawyer is involved. Are we talking about a case you originally filed in small claims court, but that was removed to District Court?

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