Ok gents, my 3rd pre-trial is set for August 10th. I wanted to however take @Harry Seaward advice, and ask the court for Directed Verdict at the pre-trial to end this matter. Please critique my draft and forgive my amateur legal thought process.
MEMORANDUM OF LAW
This motion is made pursuant to Rule 50 for the Ohio rules of Civil Procedure. The purpose of Directed Verdict, as provided for by the Ohio Rules of Civil Procedure, is to expedite disposition cases and avoid unnecessary trial where no genuine issues of material fact are raised. Therefore, Directed Verdict may be granted in any case in which the record shows there is no general issue of material fact with respect to the particular claim. A motion for a Directed Verdict shall state the specific grounds thereof.
On or about February 28, 2018, Plaintiff Cavalry SPV I, LLC filed a complaint against Defendant X, asking for judgement in the amount of $12,862.81. Defendant filed and served an answer to Plaintiff’s Complaint denying certain facts. Defendant by affidavit set forth specific facts showing that there is a genuine issue to the ownership and authenticity of the alleged account.
On May 2, 2018, during the first pre-trial hearing, the Plaintiff was asked by the Defendant for a signed contract, signed credit application whether it be physical or electronic. Plaintiff denied having such documentary evidence.
On May 12, 2018, the Defendant formally submitted in writing and served the Plaintiff a request for interrogatories and answers. On June 2, 2018 Plaintiff responded in the negative and stated “Plaintiff states that it is not in possession of any document which may responsive to this request.”
On June 10, 2018, during the second pre-trial hearing, Plaintiff’s attorney was present during the hearing and again failed to produce any signed contract, agreement or application of the alleged account.
WHEREFOR, the Defendant moves for a Directed Verdict. It is has become clear to the Defendant that the Plaintiff does not and cannot produce a signed contract proving ownership and authenticity of the alleged account. Plaintiff has had over 90 days to produce such evidence. When a motion for a Directed Verdict has been properly made, and the court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that the conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue.
The Defendant asks the Court to grant a Directed Verdict in the Defendants favor as a matter of law. Defendant also requests that the he be granted any other proper relief to which he may appear entitled.