The plaintiff, lawyer for credit card lawsuit, had filed a motion for protection from my request for "combined interrogatories, request for admissions, and request for production of documents" and did not want to answer my interrogatories, etc. If they're the ones suing, which they have to prove the documents I requested, why are they continuing with the lawsuit? Is there a way for me to file a complaint or something to stop them from wasting the court's time and my time? If they sue, they need to prove, not file a motion for protection from discovery?!?
All parties, whether plaintiff or defendant, have the right to conduct discovery. Moreoever, all parties, whether plaintiff or defendant, have the right to file a motion for protective order from unwarranted discovery if appropriate. The fact that the plaintiff has burden of proof has no bearing on the plaintiff rights in this regard. Your question demonstrates a fundamental lack of understanding regarding the litigation process. I do not know how much is at stake, but I think you need to seriously consider retaining an attorney.
Attorney Lee is correct.
There is no such thing as a complaint to stop the plaintiff from wasting the court's time. Any party can file a motion for protective order if the discovery is overly burdensome or intrusive.
If the plaintiff sues, you need to defend. If you don't know how to defend, hire an attorney to defend you.
If there is a motion pending, then you need to file an opposition and appear at the hearing. If you do not, then the court will grant the motion.
Generally speaking, if they are going to all the trouble of filing a motion for protective order, then they must believe that you are not entitled to the discovery you requested.
Discovery disputes are very complicated. You should consult with an attorney.
I understand how the process may not seem to make any sense but while the plaintiff in any lawsuit has the obligation to prove their case, that does not mean that the plaintiff has to answer all discovery, the discovery must be relevant to the case in some way. If they are seeking a protective order, it will likely need to be opposed, if there is a basis for opposing it. You would be best served contacting an attorney to assist you with all of this.
