Slau

" also midland funding is stating because in my answer I stated as a affirmative defense lack of standing "

What do you mean by this?

Yes, you can.  If the hearing is specifically for the MTC, I would just let the judge know right up front that you have noticed that you mistakenly attached the wrong agreement to the motion as evidence, but that you have the correct one with you.  You will need to bring copies to give the judge and to Midland's attorney.  I would expect the attorney to object and ask that the right agreement not be allowed.  I would just tell the judge that this was a "bona fide error" (use that term).  If Midland keeps pushing the issues, I might argue that Midland is not prejudiced by this error because since they were the ones that brought suit, surely they must already have a copy of the contract they are suing on. I might even say something to the effect of: "If Plaintiff's position is that they don't have a copy of the correct contract upon which they brought suit, I would like to ask for a directed verdict".  That will likely shut them up LOL!  A directed verdict is basically asking the judge to make a ruling on the spot with the evidence presented to that point, but if he does not believe it is in your favor the case can continue on.  So essentially if they claim not to have the right agreement and they also say yours is not the right agreement, then they would be admitting that they have no evidence of a contract at all and you should be awarded a win in a directed verdict.   It may not exactly work this way, but it will definately let the Midland attorney know that you are not playing around and can argue a good case.  It can get him to back down if they are being pushy.

Those are the things I would go with tomorrow.  Essentially it's all up to the judge, but making an honest mistake and attaching the wrong agreement should not derail the case - unless you just have a horrible judge.