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Judge entered decision on Plaintiff Motion FAST!


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This is a little annoying.

A couple of weeks ago we got the notice that the Plaintiff had filed motions requesting that they and their witness be allowed to appear by phone instead of in person (the courthouse is about 3 hours away from their office). I was debating filing an objection to the motion to be a thorn in their side, but hadn't made a decision yet.

The Judge waited nearly a month to finally hold my objection to their motion to dismiss my countersuit over to the trial date, so i figured i had a little time to formulate my plan of attack and submit the proper objections and motions until this week after getting back from vacation. No such luck. The Judge granted their motion to allow the Plaintiff's representative (I think that's the attorneys, but it might have been the witness) and we received the notice last week.

It's frustrating. Once the Judge grants the motion like that can I still file my objection? Is it likely or possible that the Judge will overrule his initial decision?

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i'm new to the scene here , but don't think it's bad for you that their going to appear over the phone ...

i've noticed that there are disadvantages to apperaing over the phone ..

1 you don't have an emtional bridge between yourself and the judge/jury

2. by talking at a faster pace it's a bit easier to confuse the person on the other end of the line ...

3... their phone connection could cut out , techinal difculties etc etc ....

i'm of the opinion that it's better for you to be in court well dressed and prepared , and for them to be far away and hopefully unprepared ...

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@Patz - no, they did not provide a timeline in their motion for a response. I'll have to double-check the RCPs, but this Judge seems pretty arbitrary when it comes to timelines. Like I said, he took about a month to respond to their Motion to Dismiss our Counterclaim and our Objection to that Motion, but this one he granted almost immediately.

@Marvin - I certainly get your point and have seen similar commentary about being there in person being an advantage over appearing by phone, but I also am trying to make it as expensive and inconvenient for the Plaintiffs as possible to make it worth their while not to pursue the matter any further and/or to forfeit to our advantage. It's a double-edged sword, but I feel definitely in the right on this one and feel we will prevail if it goes to court, so I'm trying to keep it from getting to court where my wife would have to be the primary defender since she's the one being sued.

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There are certain motions that are routinely granted and this is probably one of them. Be glad the judge did not give you time to make a fool of yourself because most attorneys would have let this one go. Just prepare for your case and you should be fine.

Also, the biggest downside to doing a trial by phone is that the party calling in cannot see the judge's body language which would tell an attorney whether to continue to follow the legal path they are on or if they should abandon that path and go down another.

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Okay, so it's not so much the attorney I'm worried about, but their witness. And the reason I'm concerned or would prefer to prevent their witness appear by phone is in the Motion one of the reasons the attorney cited for allowing it was "That this case is set to be tried to the Court and the credibility of the witness is not an issue."

The credibility of this witness most certainly is an issue. As part of their "Disclosure Statement" they said their witness would be "Nancy Kohls, or other Representative of Plaintiff" from California and then their UNSIGNED OR NOTARIZED Affidavit is from Vicky Loehrer from Michigan. Who is going to appear by phone? Nancy, Vicky or someone else entirely? And to what will they testify? Again, the Disclosure Statement's Description of Testimony just says "All Issues." How worthless is that? I want to discredit them and their witness from the get-go. How do/can I do that now?

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You attack the witness as to whether r not he/she has intimate knowledge of the alleged debt. Does the witness work for the Plaintiff, does she have first hand knowledge of the alleged debt? if not than any thing he/she has to say is hearsay, and you should object to it as such and motion to have it declared inadmissible.

ask them such questions, you have the right to redress the witness, as who do you work for, in your normal business day are you involved in accounting or record keeping of debtors payment history? and so on. If for any reason you find out that they do not work for the plaintiff in a capacity that put them in a position that they saw and actually worked on your account than you motion for the plaintiff and testimony of to be found inadmissible as hearsay.

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It turns out "The adverse party has 7 days to respond" so I missed my window to respond on this one because I was unaware of the technicalities of the Rule. Rats. We'll just have to file those motions in limine to exclude the other docs they sent with the disclosure statement.

I'm getting better, but gotta look out for this stuff. I sure wish we had someone like CALawyer that was as familiar with Colorado Laws and CRCPs that could advise us as well.

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