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Scheduling conference one week


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So after using the search function on this site and reading through some threads, I am pretty sure what can be expected at this scheduling conference. Notice was recieved on Saturday, and the conference is on the 11th of Jan. (the court clerk had already told me this was going to happen)

Up until now I have already fired off discovery with the other side, according to OK statutes, discovery can be initiated at anytime after the initial pleadings. The other side has not sent any discovery.

They have sent some BS answers to the admissions I sent, but they are one week past due on their answers to ROGS and to PODs.

I have recently fired off a good faith meet and confer letter to the opposing side, reminding them of the lacking answers for discovery.

So my questions at this time :

:?:Is the scheduling conference a good time to point out the other side's lack of cooperation in regards to discovery?

In their answers to admins, they stated they had a witness from the plaintiff who they intend to call as a witness with personal knowledge of the alleged debt at the time of its creation etc....(JDB, WHO cannot have personal knowledge of course. ) I want to either send special ROGS to her, or depose her or something!!!:!:

:?:Is this something I can bring up at the conference, or ? what would be a good course of action in regards to getting this "witness" information and to be able to question her "personal knowledge"

I am under the impression that we will be filling out a timeline in regards to discovery, pre-trial information and scheduling a trial during this conference, so another thing that worries me is that I might have jumped the gun a tad in regards to discovery :?:.

Any thoughts and advice WELCOMED! I hope everyone's new year is starting out great, regardless of the dirty little world of DEBT...:twisted:

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In their answers to admins, they stated they had a witness from the plaintiff who they intend to call as a witness with personal knowledge of the alleged debt at the time of its creation etc....(JDB, WHO cannot have personal knowledge of course. ) I want to either send special ROGS to her, or depose her or something!!!

This could get complicated, depositions can be very expensive, especially if the person is out of state. It could cost more than the amount of the suit. Some states require that an attorney conduct it. I don't know if you can send ROGs to a witness, check your rules. Some states allow for a deposition to be conducted by written questions, not sure about OK, your rules are very hard to decipher, all the criminal stuff is mixed in. Probably down around section 12 as I recall. They should still have to produce the documents you asked for. How can a witness testify to evidence not before the court?

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In their answers to admins, they stated they had a witness from the plaintiff who they intend to call as a witness with personal knowledge of the alleged debt at the time of its creation etc....(JDB, WHO cannot have personal knowledge of course. ) I want to either send special ROGS to her, or depose her or something!!!

This could get complicated, depositions can be very expensive, especially if the person is out of state. It could cost more than the amount of the suit. Some states require that an attorney conduct it. I don't know if you can send ROGs to a witness, check your rules. Some states allow for a deposition to be conducted by written questions, not sure about OK, your rules are very hard to decipher, all the criminal stuff is mixed in. Probably down around section 12 as I recall. They should still have to produce the documents you asked for. How can a witness testify to evidence not before the court?

I will start looking into the RCP. I guess I can go with my "gut" on these questions at the conference.

On another interesting note, I thought I had recieved my answers, but no, I recieved SOMEONE ELSE'S answers to ROGS, apparently this defendant is represented by an attorney.

Not sure what to do with this information, do I need to call the attorneys and tell them they can pick it up from me at court on wednesday (i doubt they show, bet they have a stand in)

Plus, I thumbed through the papers a bit so i can see how these guys might be trying to answer my ROGS.

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woooot, WHAT A RUSH! :):twisted:

I'm glad that was just a scheduling conference instead of an argument of any kind though.

I jump out of airplanes for fun, and well, I'm pretty sure I had the same amount of adrenaline pumping through my body for this as I do on that first skydive after a long winter layoff!

I could come to enjoy this!

So, 10 attorneys present. I was the only defendant. Mine was the first case called, we set the schedure for discovery. Pretrial in April, Trial in May. Curious to see how far this progresses.

Local attorney representing the JDB attorneys, he made it a point to let me know that he was just the "local guy". I let him know that I was aware.

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One thought, check your discovery rules. Some states allow for a deposition by written question, which would be like sending them ROGs. That might work if allowed.

I am pretty sure that my state does allow written deposition....

In this line of questioning (a potential witness) I am thinking that I really want to just attack her lack of "personal knowledge" of the alleged debt as it was constituted and acrued? Does that sound like a good start?

Any other ideas on lines of questioning would be appreciated.

Edited by notgoingdown1
oops
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I would formulate a few questions that bring into question the fact that the affiant has no personal knowledge of the OC records. That is contingent upon the fact that the affiant is an employee of the JDB, not an employee of the OC. Read further, you will probably still have to get a subpoena processed to do this. OK rules are SOOOOO bad, everything is mixed together.

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I would formulate a few questions that bring into question the fact that the affiant has no personal knowledge of the OC records. That is contingent upon the fact that the affiant is an employee of the JDB, not an employee of the OC. Read further, you will probably still have to get a subpoena processed to do this. OK rules are SOOOOO bad, everything is mixed together.

You are correct. A subpoena is required for the written depo and the ROGS. At this point in time, I will just focus on making sure that the affiant/witness is at the trial to be cross-examined by yours truly.

At this point in time this person has NOT made a sworn oath or testimony/ affidavit. The "evidence" they have sent has not been included in an affidavit.

What are your thoughts on a motion to strike the unauthenticated "evidence" at this point. Or should I wait until trial and let it all loose then?

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