What is the law regarding small claims court and discovery?
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What is the law regarding small claims court and discovery?
I have a small claims case against an insurance company. All necessary documentation has been provided to the insurance company over the last 16 months. Yet, the lawyer representing has requested the information again. Is it my responsibility to provide this information again?
Asked on June 18, 2012 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If the request for the production of the same documents is for trial, then the same documentation can be produced again. However, if the documents sought to be produced again are to be produced before trial, then you can object and state that such have been already produced.
As a side note, in most small claims matters, attorneys cannot appear unless the small claims action is up on appeal.
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