Trial Approaching Florida

[kinglsy]

I received the plaintiff motion for telephonic appearance for my trial. We dont have any hearings set, just a trial date. There motion says some nonsense about i have ten days to object form the date they signed it.

I need help .... Should i just file an opposition to there motion? And if so what are my key points for why it would be unjust. Should i set a hearing on the motion... they didnt set one. They asked the judge in the motion to grant it, and if she does to forward signed copies to all parties.

Is this cut and dry... where i oppose it and it gets denied. This doesn't seem right.

Judge told them at the last hearing that it was on them to provide any witnesses i want.

[FL4answer58]

I received the plaintiff motion for telephonic appearance for my trial. We dont have any hearings set, just a trial date. There motion says some nonsense about i have ten days to object form the date they signed it.

I need help .... Should i just file an opposition to there motion? And if so what are my key points for why it would be unjust. Should i set a hearing on the motion... they didnt set one. They asked the judge in the motion to grant it, and if she does to forward signed copies to all parties.

Is this cut and dry... where i oppose it and it gets denied. This doesn't seem right.

Judge told them at the last hearing that it was on them to provide any witnesses i want.

What is the hearing set for - ?

Yes its that cut-n-dry in FL, you just have to appose / object.

Give the reason it would be longer then 15 minutes.

If you cite Fl. Sm. Cl. R. 7.140 it wont help much, you gain an edge with Florida RCP's.

The judge in small claims will usually always deny Atty request to appear by telephone. Usual boiler plate request about 'burden and cost'.

The burden to appear before the court on a action they brought is not an argument they will win with the judge - they brought the burden on themselves.

The judge will however grant motions for tele on witness - you must object.

Attys will appear by phone in heraings as well - I'd still object but judges usually over-ride rule and allow.

Edited September 20, 2010 by FL4answer58

[kinglsy]

What is the hearing set for - ?

No hearing actual trial date- civil suit over $5k.

I have been fighting them for 8 months now. I actually have the members card agreement stricken from the record. And duplicate statement sets with different addresses.

I have had a half dozen hearings on different motions. And the judge set a trail date. Now with trial about a month away the plaintiff sent me and the judge a motion requesting plaintiff and witness appear telephonic.

They didnt set a hearing date for the motion... the motion actually asks the judge to grant motion and if she does agree to sign it and forward ti to the and the plaintiff.

So do i file my opposition and and set a hearing on my opposition? Or just submit opposition and see what happens?

"The judge will however grant motions for tele on witness - you must object. "

If i object how do you think the judge will act?

[FL4answer58]

Review Florida Rules of Judicial Administration 2.530(d).

set for the purpose of hearing motions, trials

(d) Testimony.

(1) Generally. A county or circuit court judge

May, if all the parties consent, allow testimony to be

Taken through communication equipment.

Florida Rules of Judicial Administration 2.530©. “Use Only by Requesting Party. A county or circuit court judge may, upon the written request of a party upon reasonable notice to all other parties, permit a requesting party to participate through communication equipment in a scheduled motion hearing; however, any such request (except in criminal, juvenile, and appellate proceedings) must be granted, absent a showing of good cause to deny the same, where the hearing is set for not longer than 15 minutes.”

Some how I think trial or deposing a witness is going to take more then 15 minutes.

You could add some hyperbolic argument that might fly as well - I did:

(1) It clearly appears in the Motion(s) for Telephonic Appearance of Witness and Council, that giving notice of the proposed motion(s) would frustrate defendant for that purpose. The defendant in this case did not bring this claim and such claim is in fact by the plaintiffs own action "unduly burdensome and would cause financial hardship". The actions and claims sought are also "unduly burdensome and (have) caused financial hardship" for the defendant. The defendant could argue as a matter of fact great financial hardship as result of the action brought before the court by the Plaintiff(s).

(2) Telephonic appearances are often granted at discretion of the honorable judge and not considered a right but a privilege. The Plaintiff did not show for the pretrial [and bla, bla, bla ....you get it. Any negative actions or ethical questions regarding the plaintiffs actions in court go here] The Plaintiffs own actions should not be rewarded for this privilege.

(3) The defendant will suffer immediate and unjust injury before the party of action without being heard in opposition and in person before the court. The Defendant can not verify the evidentiary requirements or facts by teleconference. The Defendant would not be able to verify the Plaintiffs witness identification and would have to be accepted as the Plaintiffs claims. The Plaintiffs witnesses can not be deposed without reflecting the individuals’ expert testimony in person and with all tell tale body inflections, motions and human mannerisms to be explored.

Yes – file motion –

MG05 once said:

“In Florida they will send the motion for telephonic appearance of witness at final hearing or trial and you (defendant) have 10 days to object. The Plaintiff’s counsel will usually send a blank order ex-parte for the Judge to sign on the motion. File your objection within the 10 days and the Judge will deny.”

Good advice from him.

I So do i file my opposition and and set a hearing on my opposition? - I would.

How will the judge act - react? Not sure what you meant?

Edited September 21, 2010 by FL4answer58

[kinglsy]

Thank you good sir! Flanswer58, you just spoon fead me and with everything i have going on right now, it was more then needed and i thank you.

I will file a motion tomorrow and set hearing.