If a civil summons was served against you and you answered and counterclaimed, when and what do you do to begin the discovery process?
3 Answers from Attorneys
As soon as the answer is filed. The initial term is six months, but it is often extended.
The discovery process in State and Superior Courts begins from the time the answer is filed and runs for 6 months automatically. Discovery is not often attempted in magistrate courts. Conducting discovery without an experienced litigation attorney can be like wrestling an alligator in a meat suit, especially if the other side has an attorney.
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Immediately, if you plan to do it. Doing discovery on your own is likely to be as successful as removing your own appendix. If you have a case in court, you needed a lawyer for the answer and counterclaim, and you still need one now.
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