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Question regarding Hearsay in MI Civil Procedure Rules


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Heh, yeah I'm kind of at the point where I just want this over with. Thing is they never agreed to represent me or anything, but their process is very slow. They only see people on 2 dates out of the month. Was pretty hopeful. Got the guy on the phone and spoke with him for a little bit about the details and he basically said they can't really do anything cause they have a conflicting date on the same day as my trial, but he said he was going to mail me a letter with things I can say and do in court. Finally got that last week and it basically just says to say hearsay.

Yeah I figured it was a long shot, but wanted to throw it out there.

I couldn't afford an attorney. I didn't even bother with legal aid etc. because I knew the odds of someone working for free and/or with nothing to lose working as hard as I would were pretty slim. In the end I knew noone was going to spend as much time on things as me.

The hearsay objection is sound advice because odds are anything they produce will either be unauthenticated/inadmissible crap or hearsay they obtained from 2 or 3 sources down the line.

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Back to the OP and the case at hand, even in the highly unlikely event the plaintiff would provide a sufficient written declaration to accompany the info and comply with the rule above the OP could still object. At least I wold because I wasn't provided with "written notice of that intention" and the record and declaration weren't "Made available for inspection sufficiently in advance of their offer into eivdence" ;)

Yeah I was wondering that too. The only communication the plaintiff sent me was a "re-notice of hearing" on February 3rd, that the trial was being adjourned and rescheduled for March 10th. (the first trial was January 20th, don't get the point of them sending this out 2 weeks later.)

Back to reading.

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Again you have read your court rules regarding motions for summary judgment or dismissal and when you're allowed to file such a motion.

(B) Involuntary Dismissal; Effect.

(1) If a party fails to comply with these rules or a court order, upon motion by

an opposing party, or sua sponte, the court may enter a default against the

noncomplying party or a dismissal of the noncomplying party’s action or claims.

(2) In an action, claim, or hearing tried without a jury, after the presentation of

the plaintiff's evidence, the court, on its own initiative, may dismiss, or the

defendant, without waiving the defendant’s right to offer evidence if the motion

is not granted, may move for dismissal on the ground that on the facts and the

law, the plaintiff has no right to relief. The court may then determine the facts

and render judgment against the plaintiff, or may decline to render judgment

until the close of all the evidence. If the court renders judgment on the merits

against the plaintiff, the court shall make findings as provided in MCR 2.517.

amiright?

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I won, details to come.

So, I go into court today and check in. I wait in the court room as several violations of probation's are going wondering if maybe the plaintiff had rescheduled or wasn't showing up. Eventually a lawyer came in and I went out in the hall with her and she had asked about what exactly I was denying. I said at this point pretty much everything. She asked if I lived at the address that's on the alleged statements I said yes. She said 'so you are saying you don't recollect having this credit card with chase?' (OC is WaMu) I said I never had a credit card with chase.

She was looking through the statements and asked if I had seen them yet and I said no and she let me look. It seemed as if they may have all of the statements from the alleged account, and I saw a piece of paper, I think it may have been a bill of sale, I wasn't really sure I just glanced at it and asked if she had a signed affidavit from WaMu regarding the sale/assignment of the account. I gave her back the stack of papers to look through, she wasn't familiar with the case or what exactly she had with her that much was obvious. I saw my old probation officer come out of court so I said hi to him and when I sat back down she said she was filing a dismissal. I'm guessing she felt she didn't have enough so why waste the time.

She filled it out 'without' prejudice so I asked if this was because she intended on refiling it, and she said on the slim chance that they come up with the assignment and if not the SOL on it would be up Oct 2014. I was really happy/excited/relieved that this was even happening, and figured I shouldn't fuss really. I wasn't prepared going to trial, had they had proper evidence and case law I most likely would have been eaten alive. I signed it and we went and made copies, she was nice enough so I said sorry you had to drive all the way out here (probably 2 hour drive for her). Then she said (I think) 'you got lucky, my witness didn't show up.' She may have said something else I'm not sure, but after I left I realized I should have refused the dismissal and brought her in court to hang her out to dry :(

So it's somewhat bitter sweet, but I'll take it over a loss for sure. At least this time I will be able to prepare myself ahead of time even if they have some bona fide evidence. Until then I have to try to figure out what my next course of action is.

Just want to give a big thanks to SingleDadJames and BV80. Without you guys helping me out I wouldn't have had the least bit of confidence going in there and most likely would have folded when she pulled out the stack of statements. Appreciate it more than you'll ever know 8)

Did I say the attorney was hot? Yea, that was cool too. ::Chasey::

Edited by Swissy
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