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calawyer....what does this mean?


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I had filed a motion to dismiss a complaint stating affirmative defense...I got the judge's verdict today that reads...

"Denied without prejudice -to-move at time of trial on proof issues or to use discovery and summary judgement motion"

Does this mean to wait till trial to prove plaintiff's lack of evidence or do discovery and file a summary motion to dismiss?

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Usually, a motion to dismiss filed early in the case asks the court to dismiss for legal grounds. For example, where you can tell from the face of the complaint that the case is barred by the SOL, a motion to dismiss might be granted.

It sounds from the ruling that there are factual issues to be resolved (Plaintiff says the stoplight was red, defendant says it was green). These issues are frequently resolved in a summary judgment motion or at trial.

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<blockquote>Originally posted by calawyer

Depending on what Court you are in, you can also request documents and take depositions.

</blockquote>

Some questions. :)

How do you request documents from the lawyer? Does it have to be in some sort of legal format? Any documents that the lawyer has, does he file them with the court prior to trial or disclose them to me? In my case, case management reveiw.

What are depositions? Are those statements from poeple? If they are, do they have to be notarized?

:boggle:

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All of this will depend on your state's laws but gererally, you request documents that are in the other party's possession and usually serve the request on the party's lawyer. You do this by requesting categories of documents (ie all correspondence between me and you). There may or may not be a form that your state uses but there WILL be a common format used. A trip to your local law library will probably yield exemplars.

A deposition is sworn testimony given before a court reporter who transcribes all the questions and answers.

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Thanks for the info!

When I answered the complaint from the CA's attorney, At the end of the answers to the interogatorries, I asked for debt validation again (2nd time). I also filed this with the court. (Sent everything CMRR to CA's attorney.)

So,

If I sent a DV letter to the attorney(see above) and he does not respond, is this something he can all of a sudden provide at the case management conference, with out providing it to me first?

Another words, I want to know if hes got anything from the OC that can prove this is my debt. And I want it in advance of the case management conference.

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calwyer, I requested documents as part of my interrogatories (e.g. if CA maintains account belongs to defendant, provide statement with payments, accounting etc.)..you get the idea...will that be enough? Or do I have to submit a specific request for document? Thanks

[Edit by captioner on Thursday, March 20, 2003 @ 07:46 PM]

[Edit by captioner on Thursday, March 20, 2003 @ 07:48 PM]

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  • 2 weeks later...

hi calawyer..I had filed a motion to dismiss a CA complaint but judge denied it without prejduice saying need to do discovery and file a summary judgement..anyway, I sent a copy of judge's order to the CA's atty. and they sent a copy of the same doc. back to me with the recd' date stamped on it and a cover letter stating "a pleading entered in the above matter (i.e. the case)is enclosed". i am confused why they sent me the same doc. Did they send it to me by mistake instead of another doc. they may have filed or is a motion order a pleading or is it standard procedure? Thanks

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It comes from the "Belt and Suspenders" doctrine derived from commmon law. HEHEHE just kidding. ;)

Simply put, it means to cover one's butt as completely as possible. Belts keep the pants up, but to make extra sure suspenders are added to backup the belt. This lessens the chance of the pants falling off....and well, consequently exposing thy buttocks to potential reddening for whatever it is you're trying to cover it from.

In your case, sounds like they wanted to make sure you were served and not get handprints from lack of service later.

This term is used alot when describing redundant designs or to use such an approach as to ensure that there is minimal or zero chance failure. In computer world its considered the "backup to the backup".

You can always maintain a belt and suspenders approach in life from following the the 7 P's ...Proper Previous Planning Prevents Piss Poor Performance. The 7 P's work in court. ;)

With my final disputes to the CRA's before launching civil suits, I used a "belt and suspenders" approach by faxing, telephoning, and sending certified mail. No deniability that they were never noticed of the dispute.

Make sense?

Cheers!

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