November 28, 2011, 16:03
Gordon LeMaireRequest for Admissions, Production and Interrogatories
Cash is seized during possession of controlled substance arrest. ($3,000 +) Forfeiture filed, and because attorney represents he is only working on forfeiture I filed Interrogatories, etc. Attorney responds with Interrogatories, Admissions, and Production. I got no problem, but Attorney references out of date Rules, wrong amount, etc. in his pleadings.
I plan on answering using proper Rule of Civil Procedure and correcting by objection the improper style of case.
Does anyone have any other suggestion on how to handle this?
November 29, 2011, 13:35
VerselAnswer according to the Rules. Don't correct his mistakes. I had an attorney who mistakenly put the mother's name (as opposed to my client, CPS) in a lot of the questions like "What is the basis' for Suzy's claims". I replied with I didn't know, he would have to ask Suzy (a little more legaleze than that but you get the idea).
Next, hit him with good and proper discovery, especially RFA and the 194 Disclosure.
November 29, 2011, 14:38
Gordon LeMaireThanks for the answer Versel, his is a response to mine. (Mine did cite the correct Rules.)