I am in the discovery/Rog stage of a lawsuit. I have yet to respond, whereupon they threaten to court compel in seven days. The reason why I have not answered is based in part on the affimative defense in my summon's answer. I plan to seek a dismissal of the case on the grounds that this is a time-barred matter (as of now past the california SOL). And as such, all documents and papers being asked for in the discovery by the plaintiff has been thrown in the trash before the lawsuit. And therefore, the only papers I can send them are the lawsuit correspondence they have sent thus far. So how do I respond or comply; and can I respond on a seperate sheet of paper rather than on their submitted document.
So you've ignored the admissions and not responded even as the time to respond has past? That doesn't sound very good. If the court wants to, who knows if it wants to, it can deem all those admissions admitted. That wouldn't be very good if they are "The debt is within the statute of limitations, Admit or deny." or something like that. Why didn't you say that? Read your court rules. I would try to follow them exactly in an effort to avoid trouble.
In response to DB I am a complete novice in the legal aspects/proceedings in this. Since they have essentially given me an additional sevven days to respond, is it not too late to do so? And again can I submit my correspondence on plain type written paper...instead of legal document lookng paper. And also, since my paper-work regarding contract and all payments and dates thereof pertaining to loan has been discarded, can/do I ask for all the plaintiffs stuff regarding that? Particularly, do I ask for my last payment date from them since this will be my argument for dismissal? I guess this is asking for discovery on my part. And I am guessing it should have been requested by me sooner from them. By the way, what court rules are you referring to? And where may I find such rules?
http://www.nedap.org/hotline/defenses.htmlk check this site out. [Posted by 76.180.203.6 via WebWarper: saving traffic, antivirus, acceleration, anonymizer, optimization of sites This is added while posting a message to avoid misuse. Try: http://webwarper.net/webwarper.exe Example of viewing: Lycos ]
