Legal Question in Civil Litigation in Idaho

Re: pre trial discovery or petition of discovery or ??? proff

I didn't see any restriction in the rules (Idaho Rules of Civil Procedure 81 for small claims nor in Idaho Code section 1-2301 and following) that precludes you from filing interrogatories, request for production of documents under Rules 33 and 34 of the Idaho Rules Of Civil Procedure to learn the things you want to learn before trial.

Also the Plaintiff has the burden of proving that his claim is true by a preponderance or greater weight of the evidence. in other words, he must prove that his case is more likely true by something more than 50% than not true. all you have to do is to show that his evidence in not proper or not true and you should win.

Also, judges like to see cases already decided by the Idaho Supreme Court or Court of Appeals that show that your claim or defense is the correct one. So you should always do some legal research that has the same legal issues and similar facts as your case to argue to the court.

Finally, you can hire an attorney to help you prepare your case for trial, to do research on your case and to render legal advice, but he can't go to court with you.

I provide a free half hour consultation in my office if you call me for an appointment at 208-345-3817 to give you my opinion on your case and/or you can hire me to help you prepare for your trial.