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EVICTION - Landlord vs Tenant how does tenant officially/legally/properly request discovery in Unlawful Detainer case.
Anonymous4 views2 answers
I do not have a lawyer, and I am seeking a little advice, I already understand getting a lawyer to represent me is the best solution. I am asking if I file Pro-Se without a lawyer on the first trial date can I request discovery, ie request production of documents from landlord and if so how do I officially do this in court? Do I need to do this in writing prior to the court date or can I do it at the actual court date? What verbiage should I use in writing or in court to request this? If I do this will this continue the trial date out 2 or so weeks. Are there any specific forms/templates for filing a discovery? Thumbs down for everyone who responds I need to speak to lawyer or have one represent me, I already know this and do not need to be told this 100 more times.
You are entitled to propound written discovery in an unlawful detainer case, just like any civil litigation matter. The only difference is that the responses are due in 5 days instead of 30 days. For starters, you can send Form Interrogatories - Unlawful Detainer. See link below.
You do not need the court's permission to send out discovery.
Juan Manuel ArmentaWorkers' Compensation LawyerRancho Mirage, CA ·
You can issue your own discovery. There are form interrogatories you can submit that are prepared by the Judicial Council. They are self-explanatory and see the link:
http://www.courtinfo.ca.gov/forms/
Inspection demands are not in a pre-printed form and you will have to draft those yourself. You can probably find some on the web.
Good luck.
