skyshopper

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About skyshopper

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    michigan
  1. Thank you for this. I will see how my case goes first. From what I understand, these are separate lawsuits and if I do not get dismissed with prejiduce when it is all over, then I will certainly look into this.
  2. Regarding the use of the following admit/deny answer to a request for production of documents at the beginning of this post.... 1) Defendant is unaware of any such documents and therefore cannot produce said documents. Don't think this can be used in MI if they specifically refer to MCR 2.312((3) which says that I may not give lack of information or knowledge as a reason for failure to admit or deny unless i have made reasonable inquiry. They cited this in mine. I guess I need some fancier wording which I am trying to locate. Any specific suggestions welcome. Found answer: Defendant states that after a reasonable inquiry, the information known or readily obtainable by him is insufficient to enable him to admit or deny this request
  3. Thanks for the input. Will definitely read the TX document. Too bad not a MI document. Not much MI info in simple layman terms. Mostly convoluted LAWman terms. The affidavit is definitely more than 10 days old. STill trying to figger out what to do with this information. I received Plaintiff request for admissions, interrogatories and request for production of documents to defendant today. Since this is not specifically affidavit related, I will not add more here. But if there is a sample of how to format this outdated affidavit issue for MI and in what doc it should be included (after the pre-trial and in Discovery phase), pls post a link here. Thanks!
  4. Woah, I think I hit the jackpot. Took a verbatim phrase from one of the Michigan PDFs SDJames posted and did a search. michigan civil < $25,000 I would suggest this exact phrase (include the dollar sign) when searching for any state. I got 90% .gov hits.
  5. Thanks for the quick reply and reference. I now have the statute number or whatever it is called but I still need to know how to proceed from here. Lawyer requested 90days for discovery. Judge said he'd send me a schedule. He mentioned mediation scheduled for 1 month after discovery and something about a trial following if still not resolved. Not sure if I should just sit and wait to see what they send me and address those items or if I should be initiating things on my own.
  6. I have court tomorrow against everyone's favorite JDB Midland. I have the typical affidavit described here by just about everyone. I am not 100% sure about the 10 day from date of filing thing. I believe all I could find out was 'timely'. If someone could clarify this 10 day period, would appreciate. Also, I did not include counter claims or file my own affidavit. Basically I denied everything and the item that refers to the affidavit I denied saying Defendant is without knowledge of information sufficient to form a belief as to the truth of the allegations, assignments and entitlements in paragraph # to include the attached affidavit and therefore denies the same and puts Plaintiff to its strictest proof thereof. Also, in my Affirmative Defenses I said: Defendant reserves the right to plead other affirmative defenses that may become applicable and/or available at a later time. Can I use either of these to launch attack on their affidavit if this becomes admissible? Or did I blow it by not counter-claiming? I was planning to attack the validity at trial with a motion to strike using the 'timely' claim if I can find more info on the 10 days thing. I just dont want that piece of crap to become admissible because I forgot something. Need sleep...sorry if this is not as clear as I intended.
  7. New fan here. Nidland Scumding Michigan victim. Been reading this site for a few days now. Am preparing my Answer and still have another week so I want to be sure I got everything covered. With regards to this subject, I was going to include a Request for Document Production simultaneously to get their 30day clock ticking so as to hopefully not drag this out longer than necessary BUT noticed a somewhat recent change in Mich pleading rule (1/11) that I will paste here. My question is since they only included the silly affidavit from some legal aide in MN, can I somehow do something with this 'omission' to the original complaint? (F) Exhibits; Written Instruments.CHAPTER 2 CIVIL PROCEDURE Chapter Last Updated 1/11/2011 (1) If a claim or defense is based on a written instrument, a copy of the instrument or its pertinent parts must be attached to the pleading as an exhibit unless the instrument is (a) a matter of public record in the county in which the action is commenced and its location in the record is stated in the pleading; ( in the possession of the adverse party and the pleading so states; © inaccessible to the pleader and the pleading so states, giving the reason; or (d) of a nature that attaching the instrument would be unnecessary or impractical and the pleading so states, giving the reason. (2) An exhibit attached or referred to under subrule (F)(1)(a) or ( is a part of the pleading for all purposes. I should note that the affidavit does not state any of the above reasons. It is the usual ambiguous document with dollar amounts and vague references. (very similar to singledadjames)