scj09 Posted April 7, 2009 Report Share Posted April 7, 2009 Recieved summons from Midland, answered in the appropriate time, answer was accepted (I denied everything and included all my affirm defences). Midland asked judge for a few months to gather paperwork, I objected and the judge denied my objection and let Midland have that time, setting our Pre-trial conference for mid June! I was sent a confirmation of the judges decision along with an order regarding the pre-trial conference, disclosures and discovery. Reading through the Colorado Rules of Civil Procedure, Rule 316, I believe it is telling me that there is nothing I can do before the pre-trial confernece. The disclosure statement is to be exchanged at pre-trial and discovery is to be requested at that time also. Midlands only proof so far is their famous "affidavit". Isn't June way too much time?Any advise is greatly appreciated! Link to comment Share on other sites More sharing options...
admin Posted April 7, 2009 Report Share Posted April 7, 2009 If you can't ask for Discovery until after the pre-trial conference, then sit tight. If you can, I'd get the paperwork together. Link to comment Share on other sites More sharing options...
scj09 Posted April 7, 2009 Author Report Share Posted April 7, 2009 What about filing some kind of motion on the "affidavit" they provided with the summons? Reading through the Rules of Procedure, I can't find anywhere that says I can or can't file a motion before the pre-trial. The clerks office is no help as they said answering that question is giving advise and directed me to check out their website to read through the C.R.C.P. Rules. Silly because my question was "Can a motion to strike an affidavit be filed before a pre-trial hearing?" Link to comment Share on other sites More sharing options...
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