Discovery is defined by Wikipedia as:
In American law, discovery is the pre-trial phase in a lawsuit in which each party through the law of civil procedures can request documents and other evidence from other parties or can compel the production of evidence by using subpoena or through other discovery devices, such as requests for production of documents and depositions. In other words, discovery includes (1) interogatorries; (2) motions or requests for production of documents; (3) request for admissions; and (4) depositions.
Two sets of documents called “Request for Production of Documents (Set One)" were served today on William R. Hart, Esq. a Senior Partner at the law firm Hart, King & Coldren. He now represents both Golden Rain Foundation and United Laguna Hills Mutual who are both defendants in this action.
A POS (Proof of Service) was also received from the Merced Sheriff’s Department stating that True Ballot, the last of the three defendants, has been served. This means that all defendants are now under the jurisdiction of the court. In a few days, the first set of discovery requests will be served on True Ballot.
So, what happens if they refuse to produce and deliver the documents? Actually, in lawsuits, this happens quite a bit. That is why you need to get the parties under the jurisdiction of the court. Statutes provide the Propounding Party (the party asking for the documents) a way to motion the court to order the Responding Party (the party being asked) to provide the documents. It is called “Motion to Compel Production of Documents”. Failure to provide requested documents and things usually carries with it sanctions – monetary and sometimes jail time. In the case of Roy, he asked for all sorts of documents over a period of time and did not even receive one shred of document from the defendants. So, here they are staring at the possibility of an angry judge ordering them to get Plaintiff Roy the documents.
Here’s a copy of the first set of discoveries that was served this afternoon on GRF and ULHM. In addition, a copy of the POS for True Ballot is also posted.
It was a good day. All the defendants have been served! It’s SHOW TIME!
DISCOVERY REQUEST TO GRF
DISCOVERY REQUEST TO ULHM
POS – SUMMONS/COMPLAINT/ADR
