Legal Question in Civil Rights Law in Florida
my rights (defendant)
If I am the denfendant in a civil case, do I have the right to see any of the plaintiff's file or all of it, because he has a very sneaky lawyer and iI have asked him alot of things and he always ignores my request.
2 Answers from Attorneys
Re: my rights (defendant)
You do not have the right to see all of the other's sides files. Rather, there is a process called discovery whereby you can request to see pertinent documents and ask questions, called interrogatories. You can also interview pertinent witnesses - that is called taking depositions. (It invovles costs - usually $600 to $1200 per day - as you need to hire a court reporter to record the transcribe the interviews.) The court handling the case will issue a discovery schedule if they have not already. It tells you the deadlines for taking discovery. There are also civil procedure rules that the court follows. You should have an attorney helping you with your case, especially if you are the defendant and stand to lose money or other valauable items.
BTW, the plaintiff's attorney is probably not "sneaky." Rather, he is following the law which says he must zealously pursue his representation of his client. He does not have any obligation to help you, but rather he must do his best for his client adn only respond to your requests if they are in compliance with the applicabe rules (such as the discovery rules discussed above).
THE SHELDON LAW FIRM
17804 Saint Lucia Isle Drive
Tampa, Florida 33647
(o) 813.986.7580
(f) 813.986.7489
www.SheldonLawFirm.com
Re: my rights (defendant)
You do NOT have the right to see an opposing attorney's file. Period.
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