Tuesday, January 27, 2015

The plaintiff(my Uncle) is suing his neighbor for $2300 for topping his trees while he was hospitalized. The plaintiff is representing himse...

Question

The plaintiff(my Uncle) is suing his neighbor for $2300 for topping his trees while he was hospitalized. The plaintiff is representing himself. The Defendant is a tenant and the landlord has filed a motion to intervene through an attorney. The Defendant(s) also filed a counter-claim for $5000 due to damage to the property as a result the said trees being along the property line. Does the Plaintiff have any right to request evidence of the counter-claim before the court date? The attorney will not provide it when contacted. The case is located in Lee County, Iowa.



Answer

You should be able to get some sort of discovery but you'll have to do it by the book. You won't get it by asking for it. A discovery motion must be filed.



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