When responding to a civil suit, may I also file a request for discovery at the same time?

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When responding to a civil suit, may I also file a request for discovery at the same time?

I believe that the 4 year statute of limitations has expired.

Asked on February 13, 2012 under Bankruptcy Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When you file your answer to the complaint (the complaint is the lawsuit attached to the summons), you can proceed with discovery.  Some methods of discovery are interrogatories (questions to be answered under oath by the opposing party), request for production of documents (requesting documents from the opposing party), request for admissions (requesting the other party to either admit or deny various facts).  As discovery continues, taking a deposition or depositions is another method of obtaining information.

If the lawsuit was filed before the statute of limitations expired, the statute of limitations is not an issue.  If the lawsuit was filed after the statute of limitations expired, raise that issue as an affirmative defense in your answer to the complaint.  The lawsuit is barred if it was filed after the statute of limitations expired.


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