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Discovery in a civil case... holdover/nuisance

New York, NY |

I have to go to court on Feb 11th and want to know if I dont have an attorney how to I get this.... and if my mom has a lawyer and we are on the same housing holdover case... does the opposing party have to send A FULL discovery or ONLY what pertains to who he is representing? I want to know if I should wait for the answers they send him, or ask on my own because he doesnt have mine. thanks

Attorney Answers 3

  1. If you are representing yourself, then you are responsible for your own discovery demands.

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  2. This is not an easy answer. First, if you are in Housing Court in a summary proceeding, you do not get discovery as of right. Rather, you can obtain discovery by stipulation or Court Order only upon a showing of "ample need". Second, different discovery devices have different notice and response requirements - for example, answers to interrogatories must be served upon all parties, but a party who actually shows up to inspect and copy documents is not required to share them. A notice of deposition is served upon all parties, so you would have notice of depositions. If you doubt that your questions are being asked, make sure you have permission to conduct discovery and serve discovery demands yourself. If the opposing counsel agrees to send you copies of all discovery given to your mom's lawyer, you can pose all questions with "to the extent not already provided ....." to avoid duplication and complaints that your demands are overly burdensome. Conducting discovery in a summary proceeding can be complicated and my recommendation is to at least consult with a tenant attorney or free tenant clinic.

  3. You should get your own counsel. Discovery is way too complicated to handle on your own and it can make or break your case. If you are already in court you need representation.

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