Hey all, Just looking for a bit of advice here. I've got a PP lawsuit going on. Change of Venue hearing scheduled for April. Defendant sent me a boat load of discovery (which I have finished and returned) along with my very thorough and exhaustive requests for discovery as well. Law firm representing the defendant has yet to pick up the package. It will be returned to me in about 5 days (the Post office has had it for some time now). Here is my thoughts.... 1) if they don't recieve the discovery they have requested, I'll file a complaint with the judge that they are refusing acceptance of discovery that they have requested. 2) File a motion to preclude information which would have been uncovered in my discovery thereby chopping off thier legs 3) File a motion for summary judgement What do you think? I'm in TX--justice court
hmmm ... Great question. I'd sure try and get a statement from the PO that they refused it. What does procedures say? Why couldn't you do all the above? .
well, the letter was sent CMRRR. The tracking at USPS.gov shows that it was attempted to deliver and notice was left for redelivery or pickup at the Post Office. As of now it hasnt been done. In any event the clock is ticking on the defendant's attorney to answer my discovery request. That, and my answers to her discovery are in the envelope. She will look pretty bad if she tries to get sanctions on me when she refused to accept the package. (or at least failed to pick it up). I looked in the Texas Rules of Civil Procedure and the Local rules and can't find anything regarding the refusal to accept the service other than if the responses are not timely filed then the answers may not be admissible. I know that I'll need to wait until the 30th day after I sent the service before I file these motions. Oh well, I'm patiently watching the calender
I think I'd be inclined to wait till their time is up and then file for summary. And if it comes back send it back again. It'll probably continue to sit there. Procedures are not my strong suit tho. .
Steps 2 and 3 worked for me in just the same kind of case here in Arizona. If the Motion to Preclude is worded right (go to www.artofcredit.com - Essentials section - to see how I worded mine) - the Judge will have no choice but to award a Summary Judgement. In your case, since they refuse to pick up their mail, you will need an Order to Compel fom the Judge ordering them to complete the Discovery documents.
Rondaben: Are you familiar with "O'Connor's Texas Rules - Civil Trials"? An excellent book, published each year, and contains Tx Rules Civil Procedure, Tx Rules of Evidence, Tx Rules Appellate Procedure, Timetables, Index AND COMMENTARIES with procedural tips, hints, etc. The latest copy I have is 2000 but you can order a current copy from Jones McClure Publishing, Inc. 1-800-626-6667. I used the copy that was current in 1996 and it was a tremendous help! There are about 6 pages in the Commentaries on serving documents, proof of mailing even without receipt, proving and denying service, etc. I will fax the pertinent pages to you if you provide a fax number and/or email them directly to you if you want. Since the opposition has not picked up the interrogatories they may be planning on causing you to expend a great deal of time, effort and expense and then removing to federal court on the morning of your hearing in JP court. Just a thought. southland2 (also in Texas).
website is www.jonesmcclure.com. They publish several other legal books...some may be helpful to you. Good luck! southland2003.
