Legal Question in Civil Litigation in Texas

Small claims court atty for defendant

We currently have a small claims court case filed against a lanscaper. The defendant has consulted an attorney and the attorney is threatening to force us to provide him with all of our proof for the case. I was wondering if he can do that. This is a small claims court case and we are NOT represented by an attorney. It seems as though he is trying to ''bully'' us around. We have photos and detailed statements from the landscaper that we had to hire to finish the original work. There are too many disagreements in this case for it to be settled between the parties. Shouldn't we be able to have our day in court without this attorney making his threats?


Asked on 8/04/04, 11:17 am

2 Answers from Attorneys
Charles White Charles G. White

Re: Small claims court atty for defendant

A party is entitled to have an attorney in Small Claims Court. Here is what the Texas Government Code says about discovery in Small Claims Court:

� 28.033. Hearing

(e) Reasonable discovery in small claims court shall be permitted. Discovery is limited to that considered appropriate and permitted by the judge.

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Answered on 8/04/04, 12:14 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Small claims court atty for defendant

Let me amplify on Mr. White's answer. The attorney needs to file a motion with the court for discovery and have the judge decide what is and isn't allowable. If he's not done that, you don't have to cave in to his bullying.

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Answered on 8/04/04, 1:13 pm


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