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Court tomorrow,Can someone please answer this question.


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Hi,

Can you tell me what they mean by this.I can't determine if they are intending on calling a witness up or they just answered to say"in the case that we might call up a witness"..

The interrogatory question was

Identify all persons whom you expect to call as factual witnesses and expert witnesses at trial.As for each state the subject matter.

ANS

Question seeks disclosure of plaintiff's trial strategy.Notwithstanding said objection,a representative of Plaintiff will testify as to Plaintiff's ownership of the subject account.Plaintiff doesn't intend on calling any expert witnessed at this time.

Can anyone determine what is meant by that..Thanks

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basically they're saying that if they REALLY answer that question, it will tell you their strategy. That being said, they will have someone testifying to their ownership of the debt.

Your job is to knock them off by hearsay. They have to have someone with intimate knowledge of the creation of the debt, and so on...get theme to admit they don't, then all this guy says is hearsay, and therefore inadmissable.

Good luck!

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If "Plaintiff" is the Original Creditor, said witness had darn well better be an employee of "Plaintiff" with personal knowledge of their record keeping system, this particular account, etc. If "Plaintiff" is a debt buyer, an employee of "Plaintiff" is unacceptable, as their testimony is hearsay. A debt buyer also must produce a representative of the Original Creditor with personal knowledge, etc.

Good luck.

DH

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Nascar you are so funny..You make me laugh..thanks I needed to laugh I am getting all frazzled..How would they ever pay a "witness" to fly in from across the country to testify on just the account ownership..the debt is not that high..With all the lawyer fees they are paying.It makes no nense..

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Question seeks disclosure of plaintiff's trial strategy.Notwithstanding said objection,a representative of Plaintiff will testify as to Plaintiff's ownership of the subject account.Plaintiff doesn't intend on calling any expert witnessed at this time.

Looks like the rep. will testify only to the ownership of the debt. The attorney may even try to testify. Object if the attorney tries to testify. Object to any testimony by the rep. as heresay. It doesn't appear as if they intend to call anybody from the OC. Just be calm and don't let the attorney scare you. Object to documents as heresay or lacks foundation. The judge will let anything in unless you object.

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If the question the attorney asks the wirness.Invites the witness to narrate a series of occurrences, which may produce irrelevant or otherwise inadmissible testimony. Object with the question calls for narrative answer.

If they try to get evidence in that presumes unproved facts.

Objection the question assumes facts not in evidence.

If the question invites or causes the witness to speculate or answer on the basis of conjecture. Objection the question calls for speculation.

and the biggy as the others have said is hearsay. Make sure you object to everything you can just incase you have to appeal later. GOOD LUCK and let us know what happened.

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