I'm representing my self in a case and got a default judgment. The defendant has an attorney now and he won't share any evidence that proves that statements in the motion to overturn the default judgment are true. He says my questions are not relevant. One of the justifications are that the defendant took a "6 month road trip and ended up in California in early 2014".
I am asking for the exact arrival date, and receipts that show the defendants whereabouts during this time but the attorney will not provide evidence or proof that the claims are accurate.
If the defendant was not in town and that is the excuse, how did you serve him? That does not make sense. Even then, serve the defendant with discovery requesting the information that you seek to show the court that he is lying.
He's not obligated to disclose evidence to support his motion at this time. You can propound discovery to demand responses and documents that support his claim. Look at Form Interrogatory 15.1 for sample language to request facts, information on witnesses and documents.
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