Ok here goes. A roommate of mine has 1 count of assault that I the affaint had to do a affaint warrant on him because it did not get into the police report with the other 2counts of aggravated assault which is going to grand jury.
Now here's the question.
I went before the judge and I have to prosecute him myself because I can't afford a lawyer. The guy has prior mental issue's though. I am trying to get a court order for those records.
Am I able to do DISCOVERY of his lawyers materials???
Since I'm the one prosecting this case.
I have already sent out subpeonas for my witness'.
This case is in Tenneessee and in a city court.
If you have any information please tell me!!!
Thank you so much.
2007-01-26 03:26:17 · 3 answers · asked by matthewkeithsmart 1 in Politics & Government ➔ Law Enforcement & Police
First of all, is this a criminal case or a civil case? I am not sure what happened - did your roommate assault you?
What materials does the lawyer have that you would like to discover? You can not discover attorney-client privileged information. You can not discover the contents of the attorney's brain. You can discover documents that the attorney might have which are relevant to the case, along with basic information such as the names and addresses of witnesses, etc.
Even if you could get copies of the roomate's medical records, I am not sure that you would be able to use them in court against him. Relevance?
2007-01-26 03:51:38 · answer #1 · answered by Ducky's Mom 4 · 0⤊ 0⤋
Before you tackle this effort...learn the term "affiant" because there is going to be other "legal jargon" you need to be familiar with. Not knowing the legal terms and issues is going to hurt you and your case!
First...Something is missing in your question. You say you are "prosecuting" your case which wouldn't be so if this were a criminal case. The District Attorney would be prosecuting therefore you DO have a lawyer representing the complainant.
Secondly...if this case is going before a Grand Jury...you are dealing with a felony case with the potential for some SERIOUS consequences. Therefore, if you are the "DEFENDANT"...I would appear before the Judge and explain you don't have the financial ability to finance your own attorney and obtain the services of a real lawyer.
There's an old saying..."Those who represent themselves in court....have an idiot for an attorney."
Get a lawyer!
Best wishes!
2007-01-26 03:38:01 · answer #2 · answered by KC V ™ 7 · 1⤊ 0⤋
There are lawyers out there that can help and they will take payments. Haven't you ever heard only a fool goes to court without a lawyer? They have it tied up and you will loose the case without one.
2007-01-30 04:06:58 · answer #3 · answered by cprucka 4 · 0⤊ 0⤋