Procedural question pertaining to the time line for discovery set by the court

Business 6 views 3 answers
I am pro se and have a timeline submitted to me and all parties from the District court in Baltimore concerning a lawsuit. The opposing attorney has served me with discovery prior to the time line set. It is very preamature and I informed him that I have not even began to consider expert witnesses, etc because the case is not scheduled till July 2016. He will not reschedule the discovery for after December as requested due to my schedule and also informed me that he will do interrogatories as well soon. Once again, this is way to early into the case to do this. Also, is he not by law obligated to work out a mutually convenient time at least for the interrogatory? I believe being i am not an attorney, this is happening. I have serious matters to address till January.

Attorney Answers

3
Thomas Valkenet ·
You likely misunderstand the discovery deadlines- they are deadlines to complete, and not restrictions on commencement of discovery. A Party can serve discovery with the initial pleading. If you cannot work it out with counsel, you must file a motion to the court asking for relief. This is fairly routine for lawyers, but it can be confusing to someone in your position.
0 upvotes
Mark Oakley ·
Discovery can be requested anytime up until the "discovery closed" deadline.
0 upvotes
John Russell GriffinLitigation LawyerAnnapolis, MD ·
By District court do you mean Federal District Court? It's not typical for state district court to set any deadlines for discovery because all you get to do is serve a few written questions right at the outset and you cannot request documents except a few specifically outlined in the rule. If you are talking about federal court then discovery is a completely different animal there and you can't even serve discovery until the court issues an order telling you to go forward, and even then you are required to automatically provide certain information without the other side having to ask you a question. If the court set a discovery schedule you need to abide by it and if you don't understand what it means then you need an attorney. The court will not give you advice.
0 upvotes

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