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Topic: Can defendant object to discovery?

Created on: 03/13/14 11:58 AM

Replies: 3

HALINA1


Joined: 11/08/13

Posts: 60

Can defendant object to discovery?
03/13/14 11:58 AM

I thought discovery is for the purpose for getting at the facts. Defendant repeatedly objected to 'productions.'
and judge rejected my motion to compel. This all sounds fishy ...! I could not find any legal basis for objecting for request for production.

ME@htb

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TERRY4


Joined: 11/08/13

Posts: 32

RE: Can defendant object to discovery?
03/13/14 8:34 PM

Halina
You are right about what your right to disc. Is. for. If the judge denied your motion to compel production what were His reasons and what were the defendant’s objections. With out that information it’s all just speculation on my part. That said during your hearing on your motion to compel I know that evidence must be relevant to the case, the production must be specific as to what you are seeking and you should state how they are necessary to prove your case. I would file and set for hearing a motion to reconsider your motion to compel production. Make sure you put in the rule that requires production in your motion. Well hope that helps. Make sure you put in case law that backs up your position that way if the judge is out of line He will know you are going to appeal .If it affects your case negatively.
Tom
P.S
Most lawyers will try to avoid any way they can.

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HALINA1


Joined: 11/08/13

Posts: 60

RE: Can defendant object to discovery?
03/15/14 11:24 PM

my motion to compel was for production of def. wit. expert witness qualifications. He claims to be 'hospital epidemiologist' on resume ... but nothing in resume about epidemiologist education, training, experience, or board certification. def. atty. claimed my request was patient/physician confidantiality and an infrigement to national security!the judge order stated he was satisfied with wit. qualification! this is absurd. also, this expert perjured at deposition sometimes he claims to involved in research & somtimes not. also, his resume claimes to have published CDC articles howevr, my research found complete CDC author list and wit. expert's name (John A. sellick jr., d.o.) is not on cdc author list. I researched his medical license ... NYS DOH claims he is registered but also claims his mandatory infectious disease training is absent.
my case is FTCA malpractice matter. the local rules Fed. R.of C.P. 7 (c) hearing are schedusled at discreation of judge for pro se cases. I attempted to scheduale hearing & called JA ... without result. ALSO, almost all motions I filed were denied including summary judgment. I just filed motion for stay from decision & order pending appeal. I'm working on FRCP rule 59.

i use caselaw in every paper filed. the judge is not affected with any case law federal and NYS appellate law and cannot be controled with FRCP
* Last updated by: HALINA1 on 3/15/2014 @ 11:29 PM *

ME@htb

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TERRY4


Joined: 11/08/13

Posts: 32

RE: Can defendant object to discovery?
03/20/14 12:05 AM

Halina
If the defendants expert witness will be used at trial You will be entitled to challenge his qualifications during voir dire and you can file a motion for production of any reports he has prepared that will be used at trial.As to the objection on the grounds of privilege You can ask the judge to examine his credentials in camara and decide if his objection has any credibility as to patient confidentiality or if his claim is just a way to evade.I think that as to national security issue that way beyond my pay grade LOL.Maybe Dr. Graves could weigh in.If you can prove He lied at deposition you can move the court to show cause why He should not be held in contempt and be disqualified from testifying.Now as to scheduling a hearing You said that your cause of action is a federal tort claim.Shouldn't memorandum be submitted in support and that is the hearing. Your memorandum in support of Your motion the defendants memorandum in response.And then maybe a response?Motion for summary judgement will not be granted if there are fact issues to be decided and it sure sounds like there are.I would also apply to the court to have subpoenas issued for their experts medical licensing history and license.
Hope that helps
Tom

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