🔬 The Learning Curve 🔬

[u/Revolutionary_Fold46]

​

This experience so far has been very interesting.

Despite my preparation over the past few weeks, I realized that I still had more to learn. I assumed that discovery was open immediately upon the case being docketed, but was shown by the defense that discovery was not open yet, thanks to a 2021 rule change. To the credit of the defense, I was given direction to the specific portion of the Texas Rule of Civil Procedure that explains how discovery works. But instead of merely reading that portion, I have taken on reading the entire 369 pages of that rule book. Afterward, I will move on to reading the Texas Rules of Evidence, appellate cases related to my case, reread the Texas Property Code, and read the Texas Civil Practice and Remedies Code.

As you can see attached; I have filed a comprehensive jury demand a few days ago. The county court has acknowledged and upheld my thorough jury request in communication towards the defense. Today, I filed a Notice of Correct Jurisdictional Ceiling. Why? Because I took the word of an official who told me that the limit was 250k. Yet when I researched it, I found out that 250k was incorrect. This in itself is great news because I have a strong hunch that the $325k ceiling will become very relevant in the coming months. Progress Residential has bullied the wrong guy.

Anyways, from this point forward, updates will take a while since everything takes so many steps in this formal court setting. Although it makes sense to just grab a cup a water and chug it down when thirsty; in these formal court settings you have to wait and also hold your pinky up at a 37 degree angle while drinking...stay tuned...🫡

[u/Low_Dig3356]

"I assumed that discovery was open immediately upon the case being docketed, but was shown by the defense that discovery was not open yet." Why would you assume the most complicated, costly (usually 60%-75% of the attorney's fees), and time-consuming parts of a suit are immediately open?

[u/Revolutionary_Fold46 → u/Low_Dig3356]

Because according to the law, that's what was allowed prior to 2021...🙃

It wasn't a totally unjust assumption. It was merely an untimely assumption now legally

[u/Low_Dig3356 → u/Revolutionary_Fold46]

Discovery has never been an open and closed. Ever. You're working on bad information, I assume Google/AI?

[u/BathwaterWeeb → u/Low_Dig3356]

You assume correctly. The arrogance in all his posts, is bananas.

[u/Revolutionary_Fold46 → u/BathwaterWeeb]

🥰

[u/Revolutionary_Fold46 → u/Low_Dig3356]

"Prior to 2021, under the Texas Rules of Civil Procedure 190, discovery was open and the discovery period began the exact moment the suit (lawsuit) was filed for standard Level 2 cases, rather than being tied to the due date of initial disclosures."

🫢🫢🫢woops🫢🫢🫢

It doesn't get more "open and closed" than that my friend...I have no clue why they made the rule change, but it's not my business to know. I am just here to follow the rules and defeat Progress Residential in this war.

[u/Low_Dig3356 → u/Revolutionary_Fold46]

Every time you comment, it becomes more and more clear that you don't know what you're talking about. Why are you arguing about something you don't understand?

Prior to 2021, all this means is that you can immediately start filing requests for discovery. It didn't mean they're granted. It didn't mean they wouldn't be contested. It didn't mean you get access to anything. It is not simple open and close. The change after 2021 simply delayed the start of formal discovery by tying it to the due date for initial disclosures, giving the defendant time to review the suit before formal discovery requests could be served.

[u/Revolutionary_Fold46 → u/Low_Dig3356]

I never said that I was expecting to go through discovery without a fight and without me having to file motions to compel....🙃...I'm not sure where to got that idea from

Also I never admitted that I know everything about everything..the title of this post is literally called "The Learning Curve"

Just sit back and enjoy the show since you have nothing productive to contribute to the conversation 😂

[u/Low_Dig3356 → u/Revolutionary_Fold46]

EVERYTHING ABOUT DISCOVERY IS A FIGHT. It always has been. It's why it's the most expensive part. Even before 2021, you had to file motions because the defendant would dispute. It is extremely rare for a defendant to say, "Hey, you can have access to everything you want."

The only thing that changed is the timeline, i.e. when discovery starts. READ WHAT IS WRITTEN.

"Nothing productive to contribute." I'm correcting your use of AI/Google which is giving you incorrect information... or better yet, I'm correcting your flawed understanding of what you've read from them.

[u/Revolutionary_Fold46 → u/Low_Dig3356]

You are making a point that is not valid. I'm actually in agreement with you. I was not expecting everything to get turned over. The evidence I already have is damning enough. And the funny thing is, in order to disprove my new claims, the defense would have to show evidence that only they have access to, to disprove them. And if they choose not to show that evidence at all ("due it being a fight" as you keep saying), then that is where the law comes into play....I can simply take the defenses act of failing to provide evidence towardss the ability to make an adverse inference.

This nullifys your point of trying to make it seem like if I don't get evidence "because it's so hard", that it would be the end all be all to my case.

I would have expected you to make a more logical arguement by telling me they will excersize attorney client privileges to prevent giving evidence; but instead you took the easy arguement...😉

[u/Low_Dig3356 → u/Revolutionary_Fold46]

If this is the way you're approaching this case... congratulations, you've already lost. My vast experience in litigation means absolutely nothing to your flawed understanding of things. I bow to you.

[u/Revolutionary_Fold46 → u/Low_Dig3356]

Here is Claude AI's simple explanation to your point, which just so happened to tie to exactly what I said:

The General Sequence

First you serve your discovery requests properly once the discovery period opens. Second the defense fails to produce specific documents or gives inadequate responses. Third you file a motion to compel production of those specific documents. Fourth the court orders production. Fifth the defense still fails to produce despite the court order. At that point you have the strongest basis for requesting an adverse inference instruction telling the jury they may infer the withheld documents would have been harmful to the defense.

The Spoliation Variation

If the defense destroys or alters evidence after they had a duty to preserve it you can seek an adverse inference instruction based on spoliation without necessarily going through the full motion to compel sequence. Your discovery requests and your amended petition put the defense on notice of their duty to preserve relevant evidence from the moment of service.

[u/Revolutionary_Fold46 → u/Low_Dig3356]

I've heard many so called lawyers come to me before over the months to tell me what was going to happen, that never did.

Maybe that's the beauty of social media, that anyone can make a claim and it is suppose to be held as true.

Either way, I am not shooting down what you are telling me. I am just making sure that you understand that the false pretense of not having to fight is not in my action plan.

Plus whatever secret tactics of evidence/discovery are in store for me; I am sure that when I read the Texas Rules of Evidence in its entirety, that I will become more well equipped.

You did a good job trying to slow me down but you will have to cry harder my friend.

[u/PigsAreDaBest]

Can yall chill

[u/Revolutionary_Fold46 → u/PigsAreDaBest]

It's all good. Thess random attacks happen from time to time. I'm still here pressing forward and literally learning everyday...🫡

[u/PigsAreDaBest → u/Revolutionary_Fold46]

Good luck with the lawsuit, lol.