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My case has had no progress for months. The last time that I was in court the judge had asked me to provide him with all the questions I had asked the plaintiff, their response, and why I felt that the response was not adequete. I have heard nothing since until now. The first letter I got from court was a letter showing that there was going to be hearing on discovery again, and now I got another letter saying that that motion is cancelled and ther is a new hearing set for Feb 14th for a Status hearing. I am just wondering what this is. I am assuming it is just to see where both sides are at and if anything else has been produced. I also assume that a Trial date will be set. I was just wondering if I should ask for a dismissal of the case do to lack of progress of the plaintiff provideding documents or answering discovery and interrogatories questions. Would it be a waste of time to try and get it dismissed at the status hearing?? What do I need to do to prepare for this?? or is it just going to be a quick hearing to set the trial date? Sorry if I am rambleing.

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Sorry I should have been more complete on what has occured thus far

This was filed last feb and was served the end of March with first hearings starting last April. We have been to court multiple times, I have aske for debt validation and proof of records that they say they had. I have done all the motions to compel discover, all my interrogatories etc. Plantiff put in for Motion for Summary Disposition. I filed everything and thus far have not been rewarded. I have had motions to strike evidence, however it was a little early as technically they have not put in evidence just exhibits. However, I asked the judge to compel them to answer the admissions, interrgatories, and produce documents that they say they have. This was in October the last time we met. The judge asked that I give him all of the admissions, interrogatories and discovery questions to him with the plaintiffs answers and why the plaintiffs answer was not sufficient. He then was to go through them and determine wether or not th plaintiffs answers were sufficient or compel them to answer or produce documents. They have not sent any new answers and have only sent the same exhibits that they have been using. Nothin new, that they said they had.

So, I have no idea what motion initially had been filed, or if it was a mistake on the clerks part by listing it as a motion when it is supposed to be a status hearing. Like I said, I am debating on writing up dismissal due to lack of progress, I am thinking this is going to set a trial date.

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You will not likely get a dismissal for "lack of progress". What you will want to do is begin preparing a motion to exclude every bit of their supposed evidence based on discovery misconduct. At the status conference inform the court that you just filed said motion or are preparing to and expect that if the court grants that motion to file a motion to dismiss.

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You will not likely get a dismissal for "lack of progress". What you will want to do is begin preparing a motion to exclude every bit of their supposed evidence based on discovery misconduct. At the status conference inform the court that you just filed said motion or are preparing to and expect that if the court grants that motion to file a motion to dismiss.

Can you point me in the direction of the format I would use for a Discovery Misconduct motion? And what would I need to prove this? Can I use that they dont have but a handful of statement that dont match?(meaning some have a gold option card on top some dont) that in open court they stated on record that they didnt know who the OC was? That they have been given several extensions to come up with discovery materials and produced none? Along with numersous violations of the court rules, submitting late answers to interrogatories, admissions, discovery? among other issues and court rules they have not followed. Makes it hard when the judge has said openly that this case will not be won on a technicality, meaning if a court rule wasnt followed by plaintiff, it does not matter. I would like this one to get wrapped up as I know there is another debt, Asset Acceptance, at the point of filing. I really dont want to be fighting both of these at the same time.

By the way, they are suing me for a credit card debt, I never had a credit card by any of the OC's they tried to say it could be from.

Edited by Hellonwheels
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You do not motion for discovery misconduct, rather you do some sort of motion for exclusion of the lousy evidence they provided, motion to strike or motion in limine. The credit card statements are hearsay as they do not have authentication from the OC. A lot of times they will try to claim business records exemption, but they are not their business records, so those grounds will not work. You have to address all possible arguments in your motion.

He says it will not be on a technicality, but the fact is they have nothing and can not prove their case, no matter how hard the judge wants to make it work. However you have to get on the offense if you want to win. Beat them up with motion practice and their case will implode.

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Guest usctrojanalum

Forget motions for now, don't get in over your head with too many motions. You have a status conference February 14, then attend it. A status conference is where the judge wants to know what is going on with your case.

Unfortunately, the wheels of justice churn slow. You are not going to have your case disposed of quickly. When fighting a case, this is often how long and slow it is drawn out. It can often take up to a year, and usually go even longer than that.

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Forget motions for now, don't get in over your head with too many motions. You have a status conference February 14, then attend it. A status conference is where the judge wants to know what is going on with your case.

Unfortunately, the wheels of justice churn slow. You are not going to have your case disposed of quickly. When fighting a case, this is often how long and slow it is drawn out. It can often take up to a year, and usually go even longer than that.

This is good advice. Slow down and take the three or so weeks to study. Most posters here move too fast and start filing motions when they have no clue as to what they are really doing. That only hurts their case.

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we are at a stand still and have been for months. There is nothing more for me to file at this point. I am waiting on the judge to see if he requires the plaintiff to answer the admissions, interrogatories and discovery materials. I think this hearing will be to see where things are at, and if we are moving forward, setting a trial date. I just wanted to make sure there was nothing else I should do for this status hearing.

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It is painfully obvious that the court is not going to let this go away. Use the intervening time to study all the things you need to prepare for trial. I don't see that you requested to get the admissions deemed admitted or is that why the court is dragging this out.

Anyway you can't make them give you anything you can only exclude the evidence used at trial.

After you sent the judge the stuff did he make an order, he may be reserving the exclusion till trial. You never know he may make a ruling dismissing the case at this next hearing.

So I say again feel lucky that they haven't bugged you with motions of their own and get ready for trial.

some of the things to research are mandatory disclosures for evidence, Motion in limine requirements, preparing trial brief if required, any counter affidavit you would need when they try to slip an affidavit based on hearsay through the court, and of course how you are going to answer questions at trial(yes the will call you to prove their case).

I don't see how trashing the goodwill if the court will help but it is obvious that the court is being fair and allowing them the opportunity to dismiss. I think that is the thing the court is doing.

However you proceed you are definetly going to need to prep for trial.

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You do not realize this right now, but you are in a good position. The judge did not award the Plaintiff Summary Judgment, you have a motion to compel submitted to the court...so the judge is basically allowing for two things:

1) Seeing if you and the Plaintiff can settle this outside of court..

2) Seeing if both sides will talk and resolve the discovery issues.

If the judge grants your motion to compel and the Plaintiff does not comply with what he orders, then you can motion for involuntary dismissal as a sanction. If you were an attorney, then he might allow that, but since you are not...he will give the Plaintiff time to correct the mistakes they made.

Now, what you need to do is talk with the attorney and tell them if they do not provide the documents required, then you will file your own MSJ...the exhibits are useless if there wasnt an affidavit made to support the evidence. You also reserved your right to object by submitting a motion to strike..as added insurance...

At this next court date, put the pressure on the attorney and now that you are almost a year into this and there is no trial scheduled yet...they could cut their losses and dismiss since the attorney has been hiring a substitution instead of having to drive up your way.

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