Bobgnuheart Posted September 5, 2008 Report Share Posted September 5, 2008 Had hearing for JDB's motion for summary judgment and ours for dismissal. The attorney attempted to get us to sign at the hearing (prior to judge hearing us) an admission and offered payment arrangements. We declined and went ahead with the hearing. They didn't have a bill of sale nor supporting documents. Judge knew what a 'verified statement of account' was - which is all they had.He denied both motions (theirs for summ. judgment - ours for dismissal) and said we need to do discovery.Who initiates this? No trial date yet.At what point in discovery would someone concede? If tehy don't have bill of sale, if they do?Anyone went thru this?Thanks Link to comment Share on other sites More sharing options...
swirlgirl Posted September 5, 2008 Report Share Posted September 5, 2008 Each party can do their own request for discovery. The plaintiff may or may not concede. They may take whatever evidence they have all the way to trial. Link to comment Share on other sites More sharing options...
merrybucks Posted September 5, 2008 Report Share Posted September 5, 2008 Your court RCP's will tell you how long you have for discovery. Request the documents you think they should have. When they are unable to produce them, then file a motion for dismissal. Link to comment Share on other sites More sharing options...
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