I want to get phone records of a party and I am contemplating filing a case in federal court vs. the party - but seeing the records first would help me decide whether to proceed with the case. The party has been uncooperative (I am a beginning attorney and don't know this basic procedure, sorry).
2006-10-12 15:44:26 · 3 answers · asked by sweetpea 2 in Politics & Government ➔ Law Enforcement & Police
Technically, they aren't a "party" until the Complaint is filed. Typically, requests for documents from a party would be in the form of a Request for Production which in most cases can be served with the Complaint. (See also, subpoena duces tecum).
You could always file the case, request the documents and file a voluntary dismissal of the claim should you decide not to proceed after reviewing the documents. Just make sure the allegations contained in your complaint have a good faith basis. You don't want to get hit for sanctions or the other side's costs should your claim turn out to be frivolous.
Also, as a "beginning attorney", keep in mind many Federal District Courts require you to take a seperate bar exam (the Federal Bar). Court costs are frequently higher in federal court as well.
Frankly, you need to sit down with the Federal Rules of Civil Procedure. You are looking at a malpractice claim waiting to happen when you have to go on Yahoo Answers. What are you going to tell the judge or your client if you mess up? Please be careful with your new law license. You just got it, you don't want to lose it already. Remember, your client deserves knowledgeable and vigorous represenation.
2006-10-12 15:52:01 · answer #1 · answered by dasvidas 3 · 1⤊ 0⤋
Yep.
2006-10-12 18:48:29 · answer #2 · answered by Harvie Ruth 5 · 0⤊ 0⤋
a lot of drama there. please contact a lawyer, they can really help you!
2006-10-12 15:46:09 · answer #3 · answered by mcbrian2000 5 · 0⤊ 0⤋