Discovery

[nashunaphillips]

I am the plaintiff in a lawsuit against a company and I live in Georgia. I have filed the complaint. I tried getting home phone records for my phone and that of a third party but was told I needed a subpoena. Do I have to wait until the other party is served and files an answer to get a subpoena? Do I have to wait until the other party answers to file a motion for summary judgement?

 

[army judge]

I am the plaintiff in a lawsuit against a company and I live in Georgia. I have filed the complaint. I tried getting home phone records for my phone and that of a third party but was told I needed a subpoena. Do I have to wait until the other party is served and files an answer to get a subpoena? Do I have to wait until the other party answers to file a motion for summary judgement?

You can seek a subpoena for records as part of the discovery process.

Bottom line, do it now.

You can request summary judgment at any time.

I doubt the other party is going to sit back and let that happen without a fight.

But, AZ has some specific procedural hurdles to file a motion for summary judgment.

You need to become acquainted with AZ Civil Procedure!




http://www.goodmanlaw.com/www/legalnfo.htm

Procedurally, to file an Arizona motion for summary judgment two (2) things are required. A separate statement of facts must be prepared. This statement contains a list of the relevant facts together with a citation to the information in the case record which establishes the fact. The information in the case record has to be in admissible form. This means that the information has to be of the type and quality that it would be admitted at a trial if a trial were held.

Admissible information may take the form of a certified copy of a public record, of testimony under oath at a pre-trial interview called a "deposition," or of business records whose authenticity is established by the affidavit of a proper custodian of records. In addition to the statement of facts, the motion must be prepared. In the motion, the person filing the motion cites the applicable law and relevant facts, asking the Court to reach the desired result: summary judgment.



http://www.goodmanlaw.com/www/msj.htm

Subpoena​

Another discovery device is the subpoena. A subpoena may be directed to a non-litigant to obtain production of relevant documents. Arizona subpoenas must contain certain language to notify the recipient of their rights and responsibilities. There are specific requirements for service of a subpoena, including the payment of a witness fee and mileage.

A request for production differs from a subpoena in several respects. A subpoena is a command from the Court; a request for production is a request from an adverse party. A subpoena that is disobeyed may be enforced by the Court's contempt powers. A request for production that is disregarded requires a Court order for enforcement.

Knowing how and when to use the various discovery methods requires skill, education, training, experience and the capable use of legal judgment. Effective use of discovery often is the decisive factor in how a case turns out. Good discovery may lead to good results.

http://www.goodmanlaw.com/www/discovery.htm

 

[wisemans_voyage]

I am the plaintiff in a lawsuit against a company and I live in Georgia. I have filed the complaint. I tried getting home phone records for my phone and that of a third party but was told I needed a subpoena. Do I have to wait until the other party is served and files an answer to get a subpoena? Do I have to wait until the other party answers to file a motion for summary judgement?

Why would you not wait until an answer is filed before filing a Motion for Summary Judgment? Wouldn't you want to see what their defense to your Complaint is? Usually, the Answer or response, whether motion to strike or Demurrer gives you an idea how you want to proceed. Same with a subpoena...why try and subpoena anything until you've entered into the Discovery phase of the litigation process. Discovery does not start until after an Answer is filed at the earliest and probably not until a Case Management Conference takes place in which the judge has some kind of idea about where you and the Defendants will proceed as far as Discovery goes.

 

[nashunaphillips]

I have been in contact with the company before a lawsuit was even thought about. I was told that because they had no record of their employee calling me back their was nothing they could do but if I could prove the callback they would settle. They are my home phone records but AT&T says they cannot release those without a subpoena. Also, the clerk told me that the case has to be settled through arbitration. Thanks for your help. I will wait until they are served and answer.