Costa Posted April 26, 2010 Report Share Posted April 26, 2010 Does anyone have any experience with a trial where the plaintiff's lawyer appears by phone? I am going to be there in person, but I wanted to know what to expect from this? Will I be able to ask questions to the plaintiff or will this only be for the judge to do? Also, it states that this will take place in the judge's chambers. Does that mean anything? I am assuming that I will be allowed in there during the call-in. Link to comment Share on other sites More sharing options...
nascar Posted April 26, 2010 Report Share Posted April 26, 2010 Phone appearances are not unusual. Use it to your advantage. Link to comment Share on other sites More sharing options...
calawyer Posted April 26, 2010 Report Share Posted April 26, 2010 It is actually good for you. You will be able to go back into chambers before the call and can chit chat with the Judge a bit before plaintiff gets on the line (don't talk about the case).As a general rule, you shouldn't ask the plaintiff's lawyer anything (either in chambers or in court). Instead, direct your questions at the Judge "I would like to know whether the plaintiff intends to respond to my written discovery, your Honor". Good chance for you to make a good impression on the Judge while the plaintiff will just be a disembodied voice on the other end of the line.Good luck. Link to comment Share on other sites More sharing options...
Costa Posted April 26, 2010 Author Report Share Posted April 26, 2010 Thank you for the quick reply. I am also curious about their witness. It said on the filing that their witness must be on the phone as well. I know nothing about this witness (who it is, where they work, etc.) Will I be able to object to anything? If this witness is from the JDB then couldn't I object to anything they say as being heresy since they have no knowledge of the original alleged debt? Link to comment Share on other sites More sharing options...
Massive Posted April 26, 2010 Report Share Posted April 26, 2010 Thank you for the quick reply. I am also curious about their witness. It said on the filing that their witness must be on the phone as well. I know nothing about this witness (who it is, where they work, etc.) Will I be able to object to anything? If this witness is from the JDB then couldn't I object to anything they say as being heresy since they have no knowledge of the original alleged debt?I think these phone trials are bogus as hell myself. Link to comment Share on other sites More sharing options...
calawyer Posted April 26, 2010 Report Share Posted April 26, 2010 Sorry, I didn't read this carefully enough. Trial over the phone???? Never heard of it. I also think it is a bad idea. How can you evaluate the demeanor of the witness if you can't see her?FLAlawyer, what the heck is going on here? Link to comment Share on other sites More sharing options...
FlaLawyer Posted April 26, 2010 Report Share Posted April 26, 2010 Sorry, I didn't read this carefully enough. Trial over the phone???? Never heard of it. I also think it is a bad idea. How can you evaluate the demeanor of the witness if you can't see her?FLAlawyer, what the heck is going on here?In Florida Small Claims court (and apparently in family law cases as well) we have telephone trials. It's idiotic as all hell. How in the heck to you get documents into evidence via telephone? Object based on lack of foundation and hearsay whenever they seek to present evidence (testimony or documentary) regarding the debt. I doubt an OC or former holder of the debt will be testifying as to the chain of title or documents allegedly supporting the debt.Also, object if they try to introduce anything sought in discovery but not turned over.Google lack of foundation and hearsay to get a better understanding of what I am talking about. Also google business record exception and necessary foundation. Link to comment Share on other sites More sharing options...
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