Discovery request in magistrate?

Discussion in 'Credit Talk' started by Marie, Aug 15, 2001.

  1. Marie

    Marie Well-Known Member

    ok, need advice again.

    I found some great sample pleadings and discovery requests...

    I'd love to send, along with my complaint, a request for discovery

    Of course, the discovery request is written for US District with the appropriate stuff written in.. but in small claims, before the court date, can I request discovery???

    I know I can subpeona people... but discovery???

    I guess if not, I could send a letter saying I anticipate changing venues to US District and thus here's my discovery request on its way...

    Input??? The discovery request is great and I'd really LOVE to know the answers to these questions.

    I'd love to settle... but go into their offices and have my questions answered as to HOW these errors keep happening.
  2. tom65432

    tom65432 Well-Known Member

    It depends on the local rules of your court. Some allow it, some don't.

    When in doubt, ask the clerk of court. I have always found them to be friendly and helpful, except for the ones in bankruptcy court in Miami.

    If you do discovery such as interrogatories, be very careful how you phrase your questions. Lawyers have a knack at evading the question. If you ask "what is your name?", they may answer "What name? Then you have wasted your time."

    Part of the advantage in using small claims court is its simplicity - you don't need a lawyer. If you start getting into discovery, you start to make it complicated. So, it may not be allowed in your jurisdiction.
  3. tom65432

    tom65432 Well-Known Member

    OK. I just reread your post after writing my reply and saw you said magistrate court, not small claims. What is Magistrate court? I am not familiar with it.

    Sorry if my last response was not very good. If all else fails, I should read the post before opening my mouth
  4. Marie

    Marie Well-Known Member

    Actually, you did great :)

    I just called magistrate court (small claims) and they only have discovery after the decision has been entered.

    Meaning: there are no civil rules for procedure in small claims. I'd have to bump to state court.

    But, if I got an award against TU, I could then do discovery to find out about their assets.

    Too bad. I have a great list of questions specifically for credit bureaus.

Share This Page