Is There a Discovery Period After Filing a Motion?

[ghtix]

What is the name of your state (only U.S. law)? NJ

Is There a Discovery Period After Filing a Motion? - as there is with a lawsuit?

I filed a motion against 7 other people in my condo association who were ordered last year by the judge to pay their own legal bills in litigation they filed against me – I filed a motion to enforce that court order. Motion is returnable in about 2 weeks and should be heard beginning of May. Background - I discovered that they took some of the money out of association funds for this and it appears from reviewing the (messy) bank records that they did not return it (about $7500).

On certain checking account bank statements, they blacked out (with black marker) the bill payments they made to their attorney – but I was able to mathematically deduce the amounts and conclude what they were for. They also provided no savings account statements. Their current attorney calls this blacked-out information “privileged”.

Also – in order to hide the fraud – they did not have an audit performed (as required by law & governing docs) but engaged a CPA to do a “review” of the books instead (at a cost of about $900 as opposed to $4000). I have asked for a copy of this product but they refuse to give it to me.

I need copies of clean bank statements, missing bank statements and a copy of the “review” product they paid the CPA for. I have asked for these things but they refuse to give them to me. These would help my case greatly.

Also – I just discovered that they stiffed the first lawyer they hired to litigate against me last year for over $10,000 and are now going to fee arbitration.

Their current attorney is demanding that I withdraw the motion immediately. I am not backing down. He is saying that they paid the money back, but will not offer any proof of this and calls any proof “privileged” - and says that when the judge sees the proof, he will agree with their side and the judge will then order me to pay their legal fees – upon which they will put a lien on my condo.

So my questions are: Is there a discovery period after a motion is filed – during which I can & should get copies of these documents I seek? If so, how do I go about this?

Can these documents be subpoenaed?

Any other suggestions regarding this situation (mess) that would help?

Also - do these types of matters usually go to settlement conferences before they go before the judge?

Thanks for any insight.

 

[Rexlan]

If you have an open case and the discovery period has not expired you can request all of the documents under normal procedure. If the period has expired you can still request the documents by Motion with the leave of the court. I would do this immediately. You may greatly benefit with some legal assistance from an attorney on this.

Their current attorney is demanding that I withdraw the motion immediately. I am not backing down. He is saying that they paid the money back, but will not offer any proof of this and calls any proof “privileged” - and says that when the judge sees the proof, he will agree with their side and the judge will then order me to pay their legal fees – upon which they will put a lien on my condo.

I would send the attorney a letter and point out that it is improper to threaten you in any manner and the you will file a complaint with the court and with the bar. You can also file his letter or your affidavit of the verbal conversation with the court as a "Praecipe" stating that you wish it to be entered into the official record. That will certainly get some attention.

You can also call the DA's office. If your comments are accurate there are criminal implications to this and they may take a look. It is free.

At the hearing be sure you have all of your information in order and copies for all parties involved and the court. Also, you should challenge his claim of privilege and let the court decide if it is or is not. It probably is not and he will be in a difficult spot when you challenge it. Be sure to point out that the defendants have refused to provide the information as well as their attorney.

 

[ghtix]

I tnink I need to clarify my first question: Is there a discovery period after filing a motion in the same way there is a discovery after filing a lawsuit? - in any open case or situation?

You can also call the DA's office. If your comments are accurate there are criminal implications to this and they may take a look. It is free.

I have already brought everything to the detective in town - gave him copies of everything - he was going to discuss this with the county prosecutor - to see if there are criminal implications. The detective's thought was that since it did not involve them taking the money to totally spend on themselves outside of association matters (buy a car, etc.) and since the matter has to do with enforcing a court order, that they probably could not make a criminal case, and that it has to be pursued civilly. The detective said that if the prosecutor found evidence of criminal activity that he would call us - so far, he has not.

Also, I have included in the motion package copies of letters requesting the information that have gone unanswered.

Also - from the time I first requested to see the Association banking records & documents, they kept throwing up conditions & roadblocks - that I overcame (ex. - they cancelled one meeting at last minute, insisted that it be done in their attorney's office instead of at condo bldg. etc. etc.) and it took almost 5 months until I was finally able to see them - even then they only provided about 1/2 of what I requested. Everything about this smacks of the fact that they had things to hide, and were doing their best to discourage me.