08-14-2005, 04:25 AM
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Practice Makes Perfect
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Join Date: Oct 2004
Location: California
Posts: 329
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Production of documents
In my request for production of documents, the bank attorney has attempted to rebutt it by basically saying my demand for documents is irelevant to the subject matter nor reasonably calculated to lead to the discovery of admissible evidence. He also states that all of my request are protected by the attorney-client privilage and the right to financial institution privacy under Cal constitution. He has stated this objection in every one of my thirty request. I know that he is full of B.S. but I have been thinking how to reapproach this. I think this is a ploy to hide the true facts of the money trail. I wrote him a letter stating I was going to submit a motion to compel to which he claimed I must first meet and confer with a point for point rebuttal to his rebuttal of my request for production. Do I have to do this? Can I just file the motion to compel without any further B.S. back and forth or rebuttals to his rebuttals? His rebuttal is about fifty pages long basically saying the same thing over and over again.
I asked in my production for documents the usual stuff like the subsidiary ledger, the general ledger, the cancelled chaeck they claim they sent, the original note it received from the car dealership, call reports, orders authorizing withdrawl of funds, ect... After totalling up the things I asked for it turned out to be thirty all together. I was pretty proud of it but know he is refusing to give any of it at all.
I do see it as a two edged sword though since he needs some of these things to show that his client was damaged. So if he brings it forward I will object, but I dont want to wait for that to happen. Any answers guys?
dashboy
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08-14-2005, 05:43 AM
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Dashboy, if it were me, I would answer each point stating that lawyerboy's answers are non-responsive, and re-state each and every point of your original. Lawyerboy's "opinions" that your questions are "not relevant", and "not calculated to lead to admissible evidence", or whatever verbal diarreah he spouted, are just that, "opinions", and not responsive rebuttals. Play the paperwork game, if that's what he wants, but DO NOT leave the field of battle first, that is what he is counting on!
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08-14-2005, 06:40 AM
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Come and Get Some!
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Join Date: Oct 2004
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Since when is EVIDENCE covered under attorney client priviledge??? How many times do we see judges issue injunctions against parties preventing them from disposing of documentation?? I would check the rules of you state then just file my motions and respond just theghost recommended. Seems like the attorneys take the position, If they cant dazzle us with brialliance then baffle them with bull!!!
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08-14-2005, 08:02 PM
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Practice Makes Perfect
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Join Date: Oct 2004
Location: California
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You guys are great! Just what I was thinking but I had to be sure with the input of brilliant minds on Sui Juris!
I was thinking of doing it in affidavit form and having it notorized. What do you guys think?
dashboy~
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08-14-2005, 09:53 PM
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Waking Up
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Join Date: Mar 2005
Location: Oklahoma
Posts: 29
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Motion
If it were me I'ld file a motion to comply, from my understanding it's up to the court and not up to the attorney.
This is not legal advice, just an avenue for your mind.
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Jeffmar10
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08-14-2005, 10:22 PM
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Why Motion?
Quote:
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Originally Posted by jeffmar10
If it were me I'ld file a motion to comply, from my understanding it's up to the court and not up to the attorney.
This is not legal advice, just an avenue for your mind.
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Would not a petition to the court for enforcement be better? |
08-14-2005, 10:29 PM
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Practice Makes Perfect
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Join Date: Oct 2004
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dadmoonbunny,
can you elaborate?
dash~
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08-14-2005, 10:44 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
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Something i have heard of a bunch, is the MOTION TO COMPEL PRODUCTION (OF DOCUMENTS).
That's the keyword search you need to do
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08-15-2005, 02:51 AM
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Come and Get Some!
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Join Date: Oct 2004
Location: Texas
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Dashboy,
The lawyer mentioned something about the Cal Constitution? Well two things jumped out at me when you mentioned this:
1. Is this a Constitutional issue?
2. If so, you can now use the Cal Constitution! Dig in it and rebut with some of that stuff!
He can't have it both ways.
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08-15-2005, 03:14 AM
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Practice Makes Perfect
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Join Date: Oct 2004
Location: California
Posts: 329
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Dam! You are the Man, Jerseee!!
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Originally Posted by Jerseee
Dashboy,
The lawyer mentioned something about the Cal Constitution? Well two things jumped out at me when you mentioned this:
1. Is this a Constitutional issue?
2. If so, you can now use the Cal Constitution! Dig in it and rebut with some of that stuff!
He can't have it both ways.
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