Discovery Requests Production of Records (Hard Ball)

Asked about 1 year ago - New York, NY

I specifically requested certain documents and the defense attorney is sending me spread sheets instead of sending me the documents that I requested. These spread sheets is not sufficient and is not what I asked for and they can enter the information that benefits them. Do I have to file a motion to compel to get these documents? Why is the defense attorney trying to send me "substitute" and "amended documents" instead of providing me with what I asked for. The defense attorney knows if his client provides me with these documents then they must settle because it benefits me 100%

Attorney answers (4)

  1. Edwin Drantivy

    Pro

    Contributor Level 18

    3

    Lawyers agree

    1

    Answered . Yes, you must look into filing a Motion to Compel Discovery or a Motion to Preclude. Retain an attorney as discovery can get burdensome.

  2. Eric Edward Rothstein

    Contributor Level 20

    3

    Lawyers agree

    1

    Answered . Send the lawyer a "good faith " letter requesting what you asked for and then file a motion to compel if he does not provdie it to you.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  3. Paul Karl Siepmann

    Pro

    Contributor Level 18

    2

    Lawyers agree

    1

    Answered . I agree with the answers you've received. But keep in mind that if the document you are looking for doesn't exist, the defendant is under no obligation to create it to satisfy your demand.

    I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client... more
  4. Brandy Ann Peeples

    Pro

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . File a Motion to Compel (and consult an attorney in connection with this). If the other side is playing games, you don't want to find yourself being "out lawyered" on technical issues.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more

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