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Judge in Alabama denies jury trial - help please


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I have been sued in circuit court in Alabama by Discover card, OC, and the judge issued an order today setting a trial date that states To establish and facilitate the orderly progression of this case to trial and final

disposition, the Court does now ORDER and DIRECT as follows:

1. This case is set for non-jury trial on July 25, 2011, at 9:00 a.m.

I answered and denied all counts and demanded a jury trial in my original answer within the allotted time for answer.

Anyone have any ideas on how to handle this? I thought we were promised a right to trial by jury.

I am knocked off balance by this. Now what.

Here is the entire order if anyone wants to throw in their two cents...

TRIAL SETTING, SCHEDULING AND PREPARATION ORDER

To establish and facilitate the orderly progression of this case to trial and final

disposition, the Court does now ORDER and DIRECT as follows:

1. This case is set for non-jury trial on July 25, 2011, at 9:00 a.m.

2. All discovery initiatives pursuant to the Alabama Rules of Civil Procedure shall be

begun so that discovery will be completed no later than 45 days before the above designated trial

date. In the event the trial in this cause is continued from the date in Paragraph 1 hereof, all

discovery cutoffs shall automatically be extended to conform with the new trial date.

MOTIONS FOR SUMMARY JUDGMENT SHALL NOT BE FILED LATER

THAN 45 DAYS PRIOR TO TRIAL DATE. ANY MOTIONS FOR SUMMARY JUDGMENT

FILED LATER THAN 45 DAYS PRIOR TO TRIAL DATE SHALL BE SUMMARILY

DENIED AS UNTIMELY FILED.

3. Either party may hereafter request a pretrial conference pursuant to A.R.C.P. 16.

4. Not later than 30 days before the above designated trial date, the parties are required to

exchange the names and addresses of all expert witnesses who they intend to call, together with

an adequate summary designating the subject matter on which the expert is expected to testify,

the substance of the facts and opinions to which the expert is expected to testify, and a summary

of the grounds for each opinion.

5. Not later than 10 days before the above designated trial date, parties are required to

exchange the names and addresses of all other non-expert witnesses whom they intend to call,

except rebuttal witnesses whose testimony cannot be anticipated before the time of trial.

6. Not later than 10 days before the above designated trial date, the parties are required to

furnish each other either original documents and exhibits, or copies of original documents and

exhibits, which will be offered into evidence during the trial of this cause. Documents and

instruments to be used for impeachment only are not subject to the foregoing Order.

7. Statements and invoices for professional services, and for costs of goods which have

been supplied, may be received in evidence during the trial of this case without proof of

reasonableness, or necessity, unless, at least 7 days in advance of the above designated trial date,

the party opposing the introduction of such evidence shall advise the offering party that the

reasonableness or necessity of such charges will be questioned or challenged.

8. All documents and instruments in writing which are to be offered in evidence as

exhibits shall be deemed to be authentic, and any signatures thereon to be genuine, and copies are

to be received in evidence in lieu of the original, unless the opposing party filed written objection

thereto with the Clerk of this Court within 7 days before the above designated trial date. All

objections to such documents and instruments on any ground other than authenticity, genuineness

of signature, and best evidence rule, shall be reserved for ruling at the trial of this case, and need

not be made prior to trial.

9. Photographs, or copies, thereof, furnished by one party to the other in advance of the

trial pursuant to this Order shall be admitted to accurately portray the scene therein depicted, and

documents purporting to be correspondence, or copies thereof, which are furnished by one party

to the other in advance of the trial pursuant to this Order will be deemed and admitted to have

been sent by the purported sender and received by the purported recipient on approximately the

date shown or in accordance with customary delivery schedules, unless the opposing party files

written objection thereto with the Clerk of this Court within 7 days before the above designated

trial date.

10. Failure to comply with the foregoing Orders, absent good cause, shall subject the

non-complying party to and Order excluding from the evidence the testimony of the witness not

disclosed or the exhibit or copy thereof not produced.

11. Any motions for trial delays must be in writing and must be filed pursuant to Justice

Hornsby's Administrative Order dated December 21, 1990, pertaining to "Attorney Calendar

Conflict Resolution".

12. The parties have the right to mediate any or all issues of this cause pursuant to §6-

6-20 of the Code of Alabama and are encouraged to attempt mediation. Should the parties fail to

agree on mediation, then for the Court to order mediation, a motion to mediate must be filed with

this Court at least 45 days prior to the trial setting in this cause, or said motion shall be deemed

denied as untimely filed.

DONE this 18th day of May, 2011.

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Guest usctrojanalum

Disclaimer: I do not want this to set off a debate on politics... however when demanding a jury trial, if the Court is located within a district that is full of republicans - do not request a trial by jury on a debt collection case. If the district is mainly democrat, than it is okay to request a jury trial.

I agree with the above, I rather not have a jury trial.

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  • 1 month later...
Disclaimer: I do not want this to set off a debate on politics... however when demanding a jury trial, if the Court is located within a district that is full of republicans - do not request a trial by jury on a debt collection case. If the district is mainly democrat, than it is okay to request a jury trial.

I agree with the above, I rather not have a jury trial.

Can you please expound on your Republican/Democrat opinion? I was just thinking about selecting trial by jury, though in the back of my mind, I was leaning towards NOT because the technicalities may be over the jury's head.

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I have been sued in circuit court in Alabama by Discover card, OC, and the judge issued an order today setting a trial date that states To establish and facilitate the orderly progression of this case to trial and final

disposition, the Court does now ORDER and DIRECT as follows:

1. This case is set for non-jury trial on July 25, 2011, at 9:00 a.m.

I answered and denied all counts and demanded a jury trial in my original answer within the allotted time for answer.

Anyone have any ideas on how to handle this? I thought we were promised a right to trial by jury.

I am knocked off balance by this. Now what.

Here is the entire order if anyone wants to throw in their two cents...

TRIAL SETTING, SCHEDULING AND PREPARATION ORDER

To establish and facilitate the orderly progression of this case to trial and final

disposition, the Court does now ORDER and DIRECT as follows:

1. This case is set for non-jury trial on July 25, 2011, at 9:00 a.m.

2. All discovery initiatives pursuant to the Alabama Rules of Civil Procedure shall be

begun so that discovery will be completed no later than 45 days before the above designated trial

date. In the event the trial in this cause is continued from the date in Paragraph 1 hereof, all

discovery cutoffs shall automatically be extended to conform with the new trial date.

MOTIONS FOR SUMMARY JUDGMENT SHALL NOT BE FILED LATER

THAN 45 DAYS PRIOR TO TRIAL DATE. ANY MOTIONS FOR SUMMARY JUDGMENT

FILED LATER THAN 45 DAYS PRIOR TO TRIAL DATE SHALL BE SUMMARILY

DENIED AS UNTIMELY FILED.

3. Either party may hereafter request a pretrial conference pursuant to A.R.C.P. 16.

4. Not later than 30 days before the above designated trial date, the parties are required to

exchange the names and addresses of all expert witnesses who they intend to call, together with

an adequate summary designating the subject matter on which the expert is expected to testify,

the substance of the facts and opinions to which the expert is expected to testify, and a summary

of the grounds for each opinion.

5. Not later than 10 days before the above designated trial date, parties are required to

exchange the names and addresses of all other non-expert witnesses whom they intend to call,

except rebuttal witnesses whose testimony cannot be anticipated before the time of trial.

6. Not later than 10 days before the above designated trial date, the parties are required to

furnish each other either original documents and exhibits, or copies of original documents and

exhibits, which will be offered into evidence during the trial of this cause. Documents and

instruments to be used for impeachment only are not subject to the foregoing Order.

7. Statements and invoices for professional services, and for costs of goods which have

been supplied, may be received in evidence during the trial of this case without proof of

reasonableness, or necessity, unless, at least 7 days in advance of the above designated trial date,

the party opposing the introduction of such evidence shall advise the offering party that the

reasonableness or necessity of such charges will be questioned or challenged.

8. All documents and instruments in writing which are to be offered in evidence as

exhibits shall be deemed to be authentic, and any signatures thereon to be genuine, and copies are

to be received in evidence in lieu of the original, unless the opposing party filed written objection

thereto with the Clerk of this Court within 7 days before the above designated trial date. All

objections to such documents and instruments on any ground other than authenticity, genuineness

of signature, and best evidence rule, shall be reserved for ruling at the trial of this case, and need

not be made prior to trial.

9. Photographs, or copies, thereof, furnished by one party to the other in advance of the

trial pursuant to this Order shall be admitted to accurately portray the scene therein depicted, and

documents purporting to be correspondence, or copies thereof, which are furnished by one party

to the other in advance of the trial pursuant to this Order will be deemed and admitted to have

been sent by the purported sender and received by the purported recipient on approximately the

date shown or in accordance with customary delivery schedules, unless the opposing party files

written objection thereto with the Clerk of this Court within 7 days before the above designated

trial date.

10. Failure to comply with the foregoing Orders, absent good cause, shall subject the

non-complying party to and Order excluding from the evidence the testimony of the witness not

disclosed or the exhibit or copy thereof not produced.

11. Any motions for trial delays must be in writing and must be filed pursuant to Justice

Hornsby's Administrative Order dated December 21, 1990, pertaining to "Attorney Calendar

Conflict Resolution".

12. The parties have the right to mediate any or all issues of this cause pursuant to §6-

6-20 of the Code of Alabama and are encouraged to attempt mediation. Should the parties fail to

agree on mediation, then for the Court to order mediation, a motion to mediate must be filed with

this Court at least 45 days prior to the trial setting in this cause, or said motion shall be deemed

denied as untimely filed.

DONE this 18th day of May, 2011.

I am sending you a PM...standby !

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  • 3 weeks later...

Get a continuance immediately! Discover Bank has been caught filing fraudulent affidavits in a number of states in order to obtain judgments. If you can share some information about their claim and evidence in support the forum can provide some suggestions. Basis for continuance is new evidence that you've discovered Discover selling off receivables and fraudulent affidavits.

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