Legal Question in Civil Litigation in Georgia

I am a pro se plaintiff residing in New York involved in an appeal of a civil case judgment won by me in Magistrate Court in Georgia by the defendant who resides in Georgia and is being heard in Georgia State Court. Georgia law allows basically a do-over by the defendant in state court so we are in discovery as if it was a new case.

The defendant appears to be spending more in legal fees to pursue the appeal then the actual judgment. I have a feeling that a third party might be funding the appeal due to a previous loss by this third party to a similar action by me.

Is the payment of legal fees by the defendant discoverable information, in particular the cost of an out of state deposition and the hiring of a private investigator in New York?


Asked on 3/21/11, 6:07 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You can certainly expect an objection from a competent lawyer, to the extent information is privileged and unrelated to the merits of the case. You chose to file a case in another state, without a lawyer, and the other party is defending. Attacking their means of paying legal fees is not a way to win the case. Of course, this question is best answer by your lawyer, who knows all the facts of the case. If you want a trial in Superior Court, you need one.

Read more
Answered on 3/21/11, 6:12 am
S. Carlton Rouse Rouse & Co., LLC

Your efforts so far are not focused on moving your case forward. Instead of spinning your wheels on the issue of who's funding the Defendant's case, I encourage you to be aggressive and proactive about proving the merits of your case. You still have the burden of proof. In order to properly prepare for a trial, I suggest you contact a Georgia Lawyer for assistance.

Regards,

Read more
Answered on 3/21/11, 6:34 am


Related Questions & Answers

More General Civil Litigation questions and answers in Georgia