Pre-trial conference in 1 1/2 weeks. Just found person I want to subpoena. Is this part of Discovery or when can I do this?

Almost 7-years ago, I terminated my lease by state statute as a result of domestic violence living with the person. I served the apartment complex to terminate my name, but they are now claiming they have no record. They are suing me. Being really young and not knowing at that time, I didn't save a copy of the paper served. I have a police report of the incident. I also have now located the manager I served it to at the time and would like to subpoena him. Can I do this or is discovery process over? What happens at the pre-trial conference next week? 

6 Answers

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  • 1 week ago

    It might get thrown out.  Have you checked the statute of limitations.  The ones I found are 2-4 years.

  • 1 week ago

    Get a statement from the person who served the paper or witnessed serving the paper. In my state, if you served that paper yourself then it is likely that there is no proof the paper was served. You can make your case at the pre-trial but the lack of proof the paper was served might make your case pretty weak.

  • 1 week ago

    I have no idea where you are, but get online and start learning all about the court process and the law. Get the subpoena going. 

    The pre-trial conference is where both parties attempt to come to an agreement before going to trial so perhaps they can settle out of court instead of going to trial. During the conference you should tell them about having located the manager, to make your case stronger so maybe they can settle. 

  • 1 week ago

    Oh for fcuk's sake, get a lawyer. You are like somebody trying to perform heart surgery on yourself without a doctor.

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  • 1 week ago

    "The person who represents themself in court has a fool for a client." Get a lawyer.

  • Sally
    Lv 7
    1 week ago

    Are you representing yourself? You really need an attorney.

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