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

Asked 11 months ago - 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)

  1. Jason Carl Kennedy

    Contributor Level 13

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    Answered . 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.

  2. Christopher Daniel Leroi

    Contributor Level 20

    3

    Lawyers agree

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    Answered . 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... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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.... more

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