I am a defendant is a lawsuit. If I loose the case, I will be able to take care of the judgment well enough in a descent amount of time. In other words, I'm not too worried about that, but I do think I have a good chance of winning the case, so I am fighting it. I don't want to go into the details of the case, openly, online, and it wouldn't matter to my question anyway.
Here's where I am at, and what I'm stuck with. The plaintiff filed some documents as evidence in their case. However there was one key piece missing. So I filed a request for document. They should have this, and it would not surprise me if they did end up locating it. But since they failed to do so thus far, and they have the burden of proof, I sent them my request, along with filing a copy of it in the courthouse.
About a week and a half later, I was looking at the papers that I did get, and I suddenly realized a problem with one of the documents they had sent. I had looked this over I don't know how many times and hadn't caught it before then. Basically, with the info as stated on the document, it could very well render the document useless to the case. So I sent another request for document, and filed it with the court, asking for documents to support their claim that this document was supposed to support.
In the mean time, their 30 day window for the first request has passed, and instead of sending the requested document, they sent something wanting to do a settlement. I don't want to settle, I want to go all the way. As I said, I feel I can win, and I'm willing to risk it. But, when I got that letter, I went on the USPS website to check when they got the second request, and it shows that it's being returned to me as undeliverable the way it's addressed.
I know that the next step is to file a motion to compel to have the court order them to produce the documents. So, should I go ahead and file the motion for the first one now, or should I wait and see and file both together. Also, I would think I need to send them another copy of my second request. Does this start the 30 day clock over again for them, or since it was filed in the court, can I go ahead after the original 30 days and file the other motion to compel?
Here's where I am at, and what I'm stuck with. The plaintiff filed some documents as evidence in their case. However there was one key piece missing. So I filed a request for document. They should have this, and it would not surprise me if they did end up locating it. But since they failed to do so thus far, and they have the burden of proof, I sent them my request, along with filing a copy of it in the courthouse.
About a week and a half later, I was looking at the papers that I did get, and I suddenly realized a problem with one of the documents they had sent. I had looked this over I don't know how many times and hadn't caught it before then. Basically, with the info as stated on the document, it could very well render the document useless to the case. So I sent another request for document, and filed it with the court, asking for documents to support their claim that this document was supposed to support.
In the mean time, their 30 day window for the first request has passed, and instead of sending the requested document, they sent something wanting to do a settlement. I don't want to settle, I want to go all the way. As I said, I feel I can win, and I'm willing to risk it. But, when I got that letter, I went on the USPS website to check when they got the second request, and it shows that it's being returned to me as undeliverable the way it's addressed.
I know that the next step is to file a motion to compel to have the court order them to produce the documents. So, should I go ahead and file the motion for the first one now, or should I wait and see and file both together. Also, I would think I need to send them another copy of my second request. Does this start the 30 day clock over again for them, or since it was filed in the court, can I go ahead after the original 30 days and file the other motion to compel?