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Could I have my case continued pending the Plaintiffs production of evidence I need?

Fort Collins, CO |

In regards to that Slumlord issue I have been having in Fort Collins:
I would like to ask the court to somehow compel the Plaintiff to produce an itemized statement of deductions made from my security deposit that I never received pursuant to Colorado Security Deposit Act. I feel it is unfair that I am being forced to defend claims, I know nothing about until I am standing before the court. I would like to have our hearing continued and file some kind of motion requesting an itemized statement of what damages this guy is seeking. Would a Judge likely grant such a motion? Is there a way to compel the Landlord to produce such a statement?

Attorney Answers 3

Posted

A motion for continuance and for discovery is likely a good idea, although it is impossible to say for sure since I do not know the specifics of your case. Even if the court denies the motion, you previewed the your need of more information to the Judge.

The official court rules governing continuances and discovery are available for free online here: http://www.lexisnexis.com/hottopics/colorado/ Navigate to Court rules on the left, then open the Rules of Civil Procedure. Continuances are governed by Rule 6 and discovery rules are under Chapter 4. Also, there are likely local court rules as well as a special procedures order in your case that supplement these rules, and you should find those.

To determine whether you can get discovery in your case, which you asked on your other question, read the rules, read all of the court orders in your case. Then making a motion to the court, requesting that discovery be permitted, is a good way to go, speaking in the abstract.

If the court grants your motion for discovery, then the landlord will probably be forced to answer your interrogatories or requests for admissions or other discovery tools.

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Posted

I want to thank you for a VERY well answered question! I am filling out a motion to continue now on the grounds that I lack sufficient evidence to defend myself in court. Just needed to hear from someone that it is a good idea. I will also fill out a motion to allow discovery. AFTER reading what you suggested in your answer. Thanks again!

Posted

You can request a continuance and a motion to compel the Plaintiff to produce the documents. It is totally up to the judge to decide as to whether to grant it or not.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

Maybe -- I agree with my colleagues, however, as no one can give you a definitive yes or no without knowing your case!!

In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

Stop commenting on my question if you have nothing to add:( How do you think that answer helped when you look at the answers the other more professional Attorneys gave to my question? I have asked several questions here on AVVO and ALL of your are the same! No advice just agreeing with other Attorneys most likely just to get your AVVO contributor level up. It bothers me when I log into my account hoping for something usefull only to read your answer "I agree with my colleagues" Do me a favor and chime in only when you disagree!

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