QUESTION
In advance of the date of the bench trial, how do you force the plaintiff to provide you with the documentation he will use in his claim?
Asked on Aug 18th, 2021 on Litigation - Indiana
More details to this question:
In advance of the date of the bench trial, how do you force the plaintiff to provide you with the documentation he will use in his claim? We have more than enough evidence to dispute the claim. We believe the claim is baseless but we don’t want to come to court ill – prepared. If we were able to know what he will present, then we would save ourselves much time and resources by focusing our evidence on only what directly contradicts his claim.
1 ANSWER
What you're describing is called discovery, and every jurisdicton allows the parties to seeek information from each other through the discovery processes used in that jurisdiction, including pre-trial depositions, document requests, and interrogatories. Check the rules of procedure for the court your are in. Assuming that you have not passed the deadline for using these procedures, you can use any one or more of them to determine what evidence your adversary plans to use.
Answered on Aug 19th, 2021 at 1:52 PM