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Help! Missed a case date.


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Good lord. I'm so stupid. :roll:

Today was the date on my scheduling order that I had to have a preliminary witness and exhibit list exchanged with the opposing attorney. With school and the holidays, I completely forgot!!

What's gonna happen? Can I call the attorneys tomorrow and say I'll fax it right then? (I haven't even made one, actually, but can make up something, I'm sure).

Advice?

Also...they refused to show me some things listed when I asked for them in discovery. Now that they say they have them as exhibits, can I now compel them to see stuff? (They say they have cc statements, purchase agreement, etc)

Dammit.

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Good lord. I'm so stupid. :roll:

Today was the date on my scheduling order that I had to have a preliminary witness and exhibit list exchanged with the opposing attorney. With school and the holidays, I completely forgot!!

What's gonna happen? Can I call the attorneys tomorrow and say I'll fax it right then? (I haven't even made one, actually, but can make up something, I'm sure).

I see you've handled that already, lol

Also...they refused to show me some things listed when I asked for them in discovery. Now that they say they have them as exhibits, can I now compel them to see stuff? (They say they have cc statements, purchase agreement, etc)

Keep in mind I'm not a lawyer, but IIRC, you can either file a motion to compel, forcing them to produce them, or a motion to preclude, preventing them from using them as evidence against you.

Dammit.

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First of all, don't beat yourself up for missing a deadline, especially this one. 99% of all court cases never adhere perfectly to a schedule. It's not like you forgot to attend the first day of trial :p

Second, you most likely need to file a Motion to Preclude.

You asked for things in discovery and they failed to provide them. Now they want to use them at trial. I don't think so, Tim.

The purpose of discovery is to allow the parties to examine each other's evidence for veracity and relevancy, as well as a possible catalyst to induce settlement.

I would think the court would take a very dim view of their trying to do an end run around the discovery process and try to introduce these exhibits after denying you access when you made your discovery requests.

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Awsome. You got my PM...but again, thanks.

I'll compel the stuff I need for my part of the case and preclude the stuff they're saying they have though refuse to let me see.

Which, by the way, since this is a preliminary exhibit list, I think they just SAID they have all those Visa statements and original docs and such..just so I'd give up and ask to settle. Riiiiight.

Bring it. I've got a lot more on you, folks. :twisted:

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While it's true 99% of court cases don't go on schedule, an opposing attorney may be able to motion the court for a Default judgment due to non compliance with a court order. There may be reasons, but understand lawyers are the most notorious for sleazy tricks and this is a perfect example of how they prevail most of the time. The fact they claim they have in their posession the credit card statements and agreement is troubling and they of course will need to present this exhibit to a judge which can garner a Summary judgment. Have you consulted an attorney for assistance? Most will allow a free consultation and that could help you at this stage.

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I have talked to a couple of attorneys. One knew nothing about the FDCPA. The other only took big cases and didn't want anything to do with a simple FDCPA/FCRA case (he wanted hundreds of thousands type cases). I'm in OK...there's not a lot of places to ask.

I had these same guys disobey TWO court orders and the judge wouldn't allow for a default (believe me, I tried). They actually refused on paper to do what the judge told them to. If THEY didn't get a default, I shouldn't. If I did because of a 4-hour delay...I'm blowing up buildings. :D

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The problem is, as you're not an attorney, you don't have the power of subpoena. You may have to go to court and have the court issue one in your stead. In the meantime, I would go with the notice of motion and motion to compel. Check your rules of civil procedure. Remember in many states a notice of motion is required to go with the motion or the motion will not be heard.

Lastly, while I realize that you may have other things on your mind, I'm saying this to you for your own protection and out of concern, as well as out of 18 years experience. NEVER, unless you're on your deathbed, in emergency surgery, or stopped by a nuclear war, NEVER miss a court date. Judges see it as being disrespectful and it will prejudice them against you. It could very easily cost you your case with a default judgement. Not all states are all that liberal about trials de novo either. Good Luck!

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If you think the items are going to work against you, you can make a motion to quash. The items were part of discovery, you asked for them repeatedly, and they were silent on production. Under Estoppel they are not permitted to benefit from such a deception.

The problem is, as you're not an attorney, you don't have the power of subpoena.

What? Please pass that hooka. When you represent yourself you are the attorney for your side. Rules of civil procedure don't go out the window just because you represent yourself.

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Hey, Methuss,

Good hearing from you! In Wisconsin and certain other states Pro Se people are not allowed to subpoena other people. Only attorneys, clerks of court, and judges have that power. I've done some pro se work. I can look up the Wisconsin Statutue if you wish.

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Hey, Methuss,

Good hearing from you! In Wisconsin and certain other states Pro Se people are not allowed to subpoena other people. Only attorneys, clerks of court, and judges have that power. I've done some pro se work. I can look up the Wisconsin Statutue if you wish.

Wisconsin is seriously jacked up, then. Pro se's and attorneys-in-fact are supposed to have the same rights, privileges and accessibility that Bar accepted lawyers have.

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