Hi All

I filled Petitioner's First Request for Production and Petitioner's First Request for admission

and I just noticed that the DA filed Application to Stay Discovery. I looked at the definition of Stay but I am not sure what To Stay Discovery is.

anyone have a clue?

Stay
An order directing that proceedings in a lawsuit halt, usually for a limited period of time so some out-of-court action can be accomplished or because some party objected that the court might not have jurisdiction, so the proceedings must be stopped until a final determination of the court’s authority can be determined by a higher court. Appeals, for example, may stay the lower court proceedings.
Another form of stay is an order that’s typically entered in bankruptcy cases that stays, i.e., stops, the rights of creditors to sue a person or company that’s filed for protection in the bankruptcy court. If a creditor can show his claim is based on a fraud or crime, i.e., if he can show that what he’s owed is the result of a wrong instead of a debt in the ordinary course of business, he can file a motion for relief from stay and, if the court grants his motion, he can proceed to sue the bankrupt.

I received the stay of discovery today, they are looking to stay discovery until they can submit a summery judgement. They stated

Rule 4002.1. Filing Discovery Material.

Discovery material shall not be filed unless relevant to a motion or other pretrial proceeding, ordered by the court or required by statute.

they say dispute this rule court that my discovery was submitted as Application for Relief.

I have some homework to do.

Seems that rule may apply to "filing" discovery, perhaps not "getting" discovery using regular discovery requests. Yes?

That is how I read it. my requests for discovery were docketed as Application for Relief. So first we get discovery [nothing seems to prevent this] and then we move the court to enter it or file it.

The stay has not been granted yet, I was just served today. I am thinking I should file a motion to dismiss the application for stay discovery rather than wait for an order and then ask for relief.

I am the plaintif in this case. It's a civil case. I unfortunately did not find this site before submitting my petition to review. I may have put to much in the [complaint]petition and now the DA wants to stay discovery and will ask for a summary judgement based on construing things I included in the petition. I am not sure how to stop the Stay Discovery.

Can I create a motion to stike the application for stay discovery or dismiss

You will need to research the law in your jurisdiction. Start with the official rules of evidence and procedure. Discovery should not be stayed when a good faith effort is being made and has been made to get necessary evidence into the record. Don't be taken advantage of by your opponent. Do the research, please. EXTRAS menu.

Do not confuse criminal procedure with civil procedure. Study your local rules please and do the research. Everyone is entitle to get all evidence in their favor, if they follow the rules. Hope this helps.