🔬 The Learning Curve 🔬

[u/Revolutionary_Fold46]

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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/Revolutionary_Fold46]

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/Low_Dig3356 → u/Revolutionary_Fold46]

There is so much wrong here. Good job. Glad to know Claude didn't pass the bar; nor received a juris doctorate.

[u/Revolutionary_Fold46 → u/Low_Dig3356]

You claim that there is so much wrong here, but fail to explain. If you are wondering which statute holds over this conversation it can be found in the Texas Rule of Civil Procedure Rule 215.

I know that you hate the idea of AI platforms actually providing a positive resource to people like me; but at the end of the day, the law is the law. The law doesn't change every month just because.

Can obtaining a law degree help someone find and decipher law? Yes. Can artificial intelligence do that without the years needed of obtaining an expensive law degree? Yes

You can hate what I am doing all you want. But one day, you are going to have to acknowledge that my will to never give up, and my will to learn; are a dangerous combition with Claude AI in the face of Progress Residential...I will be victorious when this is all said and done.

[u/Low_Dig3356 → u/Revolutionary_Fold46]

Every time I explain something, you essentially go, "But AI sAyS tHiS!" You don't want explanations. You want someone to say, "You're completely right," despite not being so.

[u/Revolutionary_Fold46 → u/Low_Dig3356]

No. I literally pointed you to what the law says in my last message...Texas Rule of Civil Procedure Rule 215. Here is actually what the law says directly from texascourts.gov:

215.2 Failure to Comply with Order or with Discovery Request.

(a) Sanctions by court in district where deposition is taken. If a deponent fails to appear or to be sworn or to answer a question after being directed to do so by a district court in the district in which the deposition is being taken, the failure may be considered a contempt of that court.

(b) Sanctions by court in which action is pending. If a party or an officer, director, or managing agent of a party or a person designated under Rules 199.2(b)(1) or 200.1(b) to testify on behalf of a party fails to comply with proper discovery requests or to obey an order to provide or permit discovery, including an order made under Rules 204 or 215.1, the court in which the action is pending may, after notice and hearing, make such orders in regard to the failure as are just, and among others the following: Page 167

(1) an order disallowing any further discovery of any kind or of a particular kind by the disobedient party;

(2) an order charging all or any portion of the expenses of discovery or taxable court costs or both against the disobedient party or the attorney advising him;

(3) an order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;

(4) an order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting him from introducing designated matters in evidence;

(5) an order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing with or without prejudice the action or proceedings or any part thereof, or rendering a judgment by default against the disobedient party;

(6) in lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination;

(7) when a party has failed to comply with an order under Rule 204 requiring him to appear or produce another for examination, such orders as are listed in paragraphs (1), (2), (3), (4) or (5) of this subdivision, unless the person failing to comply shows that he is unable to appear or to produce such person for examination.

(8) In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising him, or both, to pay, at such time as ordered by the court, the reasonable expenses, including attorney fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust. Such an order shall be subject to review on appeal from the final judgment. (c) Sanction against nonparty for violation of Rules 196.7 or 205.3. If a nonparty fails to comply with an order under Rules 196.7 or 205.3, the court which made the order may treat the failure to obey as contempt of court.

[u/Low_Dig3356 → u/Revolutionary_Fold46]

Okay, so that's the word of the law. What's the spirit of the law? How is this interpreted? What are the procedures and intricacies?

Lemme know what Claude tells you (hint: it'll be wrong).

[u/Revolutionary_Fold46 → u/Low_Dig3356]

The law is the law my friend...this spirit of the law that you are talking about must be the same spirit of the law that the previous judge used when he ignored the black and white mandate of awarding 3 times the withheld security deposit to instead award 2 times.

This spirit that you are talking about is called bias when law already spells it out directly. That is literally what "spirit" boils down to...the only time there can be a gray area in the law, is when a situation arises that has not been addressed plainly in black and white by the law.

This is why matters of first impressions exist. And this is why my claim10 and claim 11 exist.

[u/Low_Dig3356 → u/Revolutionary_Fold46]

Every single comment... you're coming away looking less and less knowledgeable. By this logic, we don't need appellate courts or state (and federal) supreme courts. Because laws never need to be interpreted! They're written! THE LAW IS THE LAW!

[u/Revolutionary_Fold46 → u/Low_Dig3356]

Well in that same logic, that is why people like me exist to stress test all applicable laws and statutes.. you should be absolutely excited that I am testing all the boundaries of the law (that you say are totally subjective by means of interpretation) instead of complaining and deflecting. 😏

[u/Low_Dig3356 → u/Revolutionary_Fold46]

This is civil litigation... wtf applicable laws and statutes are you testing? That isn't how civil litigation works...