Definition of a Party/How do I file a motion for a deposition

[nomoney]

When you file a Civil Action or Small Court claims and do not know the defendant's information, can you just write unknown defendants?

My court rules says I have up to 90 days after filing a complaint to serve the summons on a defendant. Does this mean that if I do not know or have the name of the defandants or their addresses, that I can postpone service of it and ask the courts for a subpoena to gather the evidence needed to prove their identity?

My other question is this. I have to subpoena records from a non-party. THe courts allows me to take a deposition before action. The rules says that the deposition can solely be for purposes of asking the deponent to produce documents. How do I serve a notice and complete the motion forms for this? The rules says that I have to motion the courts for an order to take a deposition of another person. In the same motion, do I specify what they are supposed to produce?

How and what do I write in the notice of the petition? If I serve the notice, which describes what the person is supposed to reproduce, can I ask them to sign a waiver agreeing to do what is stated in the notice? Do I have to file a separate subpoena with it?

In the same motion where I ask for an order to take a deposition solely for the purposes of producing documents, can I ask the courts to give me a protective order?


If I, the moving party, cannot go to court, can I file an notice of appearance(written) appearance in court? How do I ask a judge or courts for an excuse from the hearing?

Has anyone done this before? I need just simple step by step instructions on how to do this correctly so I do not loose my case in court for another year?

Are they any lawyers who work in lower Southeast Michigan or Detroit areas who are willing to take my case as a Pro Per and contingent case?

Thanks

 

[Michael Wechsler]

1) You need to know the defendant before you file. What are the issues regarding the defendant? If the defendant is a corporation, you can serve on the registered agent. If otherwise... we'll deal with that later.

2) There are no depositions in small claims court. You both come in for a hearing and it's done. You can subpoena witnesses to appear. Motion practice doesn't occur in small claims court. It's supposed to be quick and simple. How much money is in controversy?

3) You can request an information subpoena to obtain information from a party/defendant before you appear in court.

4) It would be rare to find a lawyer to take a contingency fee for a small claims case because (a) small claims is meant for non-lawyers, and (b) if the amount in controversy is so small, how much do you expect the lawyer to get paid - add to that fact the uncertainty of getting paid at all?