Legal Question in Civil Litigation in Georgia
I am a pro se plaintiff residing in New York involved in an appeal of a civil case judgment won by me in Magistrate Court in Georgia by the defendant who resides in Georgia and is being heard in Georgia State Court. Georgia law allows basically a do-over by the defendant in state court so we are in discovery as if it was a new case.
The defendant appears to be spending more in legal fees to pursue the appeal then the actual judgment. I have a feeling that a third party might be funding the appeal due to a previous loss by this third party to a similar action by me.
Is the payment of legal fees by the defendant discoverable information, in particular the cost of an out of state deposition and the hiring of a private investigator in New York?
2 Answers from Attorneys
You can certainly expect an objection from a competent lawyer, to the extent information is privileged and unrelated to the merits of the case. You chose to file a case in another state, without a lawyer, and the other party is defending. Attacking their means of paying legal fees is not a way to win the case. Of course, this question is best answer by your lawyer, who knows all the facts of the case. If you want a trial in Superior Court, you need one.
Your efforts so far are not focused on moving your case forward. Instead of spinning your wheels on the issue of who's funding the Defendant's case, I encourage you to be aggressive and proactive about proving the merits of your case. You still have the burden of proof. In order to properly prepare for a trial, I suggest you contact a Georgia Lawyer for assistance.
Regards,
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