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I filed a motion for discovery of certain documents the Defendants are with holding, now I need to additional information that Defendants are with holding do I file another motion for discovery?

Attorney Answers 1


Civil discovery is a very complicated undertaking. It involves the Rules of Civil Procedure, the Rules of Evidence, and possibly various statutory provisions as well. You have to focus your requests on elements of your causes of action, consider statutory and common law privileges that can bar discovery. There are interrogatories, demand for document production, requests for admissions, depositions, subpoenas, and the list of tools go on and on.

It sounds like you need a motion to compel, but it depends if you complied with the rules in your original requests. If this civil litigation is important to you, isn't it important enough to hire an attorney to help you not ruin your case?

Frequently in my appellate practice, clients will hire me (sometimes at a substantial fee) to file an appeal in a civil case after they tried to litigate a case "pro se." Sometimes they caused so much damage to their case when they were trying to litigate the case without an attorney, that I am unable to "fix" it on appeal.

Spending money on a lawyer now might keep you from losing a much larger amount of money in the future. If you want to disregard my advice, then I recommend going to a local library and spending a day or two reading the Ohio Rules of Civil Procedure, Ohio Rules of Evidence, and a civil litigation handbook for examples of discovery battles.

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Thank you, currently I don't have any money to hire an attorney my case was going well enough to the point a settlement offer was made and the Judge was prepared to make a referral to a program that helps Pro Se with settlements, however the defendants law firm withdrew because of evidence they have on their client they can't make known public. That motion is pending. Now I want to add a very high profile defendants with evidence they are liable for the infringement. However, I don't want to make the wrong choice on adding the defendant that would get the entire case dismissed, if the Judge thinks I have misjoindered the defendant. Since they are a John Does, it may be safe to add them this way rather than through rule 18, 19, or 20 FRCP.

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