Easy Quesiton

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5even

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  1. I am the Plantiff. Do I have to attend the Deposition?
  2. Reasons not listed here, we got the dep leter late. how can we reschedule? there is less than 9 working days before it comes about.
  3. I am still waiting (sent a certified letter to his atty) to see if he will acept my offer and settle prior to depo. what papers do I need to sign to show I aknowledge the agreement? Or will his atty send those papers.
It is such a small dumb case that it will cost too much money (we're speaking of $900 - $3k civil suit that I won in small claims and he has taken it to district to overturn it) that we do not want to hire an atty for this petty issue.

any advise would be helpful.
 
1. Only if you are being deposed. That said, it is normal practice that both party's attorneys attend. So if you are acting pro se, then you are going to want to be there.
2. You would have to ask the defendant's attorney if he would agree to pushing it back a little.
3. You acknowledged the agreement when you made the offer.
 
Appeals to district court from small claims court are similar in scope and nature to small claims court even though they are de novo review. I doubt you need to hire an attorney. I don't know what your state laws are about depositions but 9 days may be plenty of time to have notice to attend. If this case is over so little money, how can he/she justify hiring an attorney? Go to the depo, he can't afford for it to go on long paying an attorney AND a reporter. Then go to court and redo what you did to win in Small Claims court. Good luck.
 
thank you for the answers they help my state of mind at least :)
My main concern is that here are 6 documents they are requesting. 4 have nothing to do with the case (i feel) and need to get paperwork out both for a quash(?) and there are 2 things I want from him. This is why I feel pressured on the time issue. Its not complicated on the paperwork, but time consuming finding them all, then mailing them. or is that not my right as a plantiff?
 
@ jharris - love your tag line - we had a similar expression when I used to work in automotive :)
 
Discovery is rarely fun for anyone. Just comply with it if he is not asking for something irrelevant and personal. To get discovery from them just follow the form of what they sent to you. They have to comply too.
 
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