Request for production

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Request for production

i am defendant pro se in credit card collection. ive answered petition and other
motions. Trial was set last week and plantiff submitted 150 pgs to prove up
claim. these are docs i had not seen. Judge handed me the exhibit and reset
the trail next month…the exhibit did not have signed CC agreement, any records
support debt, and no record of payments….Question should i file a Request for
Production or present the deficiencies during trail

Asked on October 24, 2018 under Business Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the trial is in one month it is almost certainly too late to seek discovery: generally the other side has a month or more simply to respond to the request--at a minimun. (For example in NJ, they get 35 days.) Plus you are likely beyond the "discovery end date" for this case. While you could ask the court to let you request more discovery,  you are unlikely to be granted that time: even though you are pro se you are held to the same court rules as an attorney, such as that you should have know when you had to make any discovery requests. You are most likely going to have to attack any deficiencies at trial.


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