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Procedural Question - Trail in two days.


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I am ready for trial. I have each issue into a separate file, so I can just pull it out.

Here's what I can't seem to find: What order does everything go? I assume:

Opening statement Plaintiff

Opening Statement Defendant

Introduction of Exhibits

Direct Examination Witness

Cross Examination of Witness

Oral Argument Plaintiff

Then the Defense goes up next...

Questions on court procedure. If I get the Bill of Sale excluded, can I immediately move for dismissal with prejudice for lack of standing?

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Questions on court procedure. If I get the Bill of Sale excluded, can I immediately move for dismissal with prejudice for lack of standing?

No, you would wait until the Plaintiff finished their case. You would then move for a dismissal (directed verdict possibly) based on the Plaintiff not making their prima facie case.

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Here's what I can't seem to find: What order does everything go? I assume:

Opening statement Plaintiff

Opening Statement Defendant

Introduction of Exhibits

Direct Examination Witness

Cross Examination of Witness

Oral Argument Plaintiff

Basically, but the attempted introduction of exhibits (evidence) will take place with the witness on the stand that can authenticate the evidence.

You wait and object when the other side asks for the evidence to be admitted (if there is a legit objection to be made, probably hearsay) not when they ask the witness to describe the exhibit.

In other words the witness can testify all they want about what the document is. However, it's irrelevant unless they can get it actually admitted into evidence.

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so here is basically how it will go:

They will try to bully you in the hallway. Hand them a trial brief If you haven't sent them one.

Check in with the clerk (know which number the case is, usually on the door of the courtroom, and if they try to get you to stipulate to a temporary judge say very respectfully" I have given up a jury trial for a bench trial and with the issues in this case I feel that having a judge hear this would best serve my interests best. I am not doing this for improper reasons or to delay.)

Plaintiff's opening statement(you cannot object during this. Dang it)

Defendants opening statement(you can defer this until the plaintiff presents their case)

they call the witness or they submit declaration in lieu of(objection time: Hearsay, improper authentication, improper foundation, lack of personal knowledge, and the are not nice. just joking on the last one)

you cross examine the witness with questions from this post:

http://www.creditinfocenter.com/forums/there-lawyer-house/305925-cross-examine-affiant-what-questions-would-you-ask.html

they will probably try to question on redirect, you can recross examine.

They will call you as a witness, the operative words I don't recall. No explaination just I don't recall. I don't remember would denote previous knowledge and forgetting it I don't recall means I don't have any knowledge.

then the plaintiff will rest

Move for directed verdict(this will tell you where you stand)

recall the witness and grill him/her some more trying to get them to admit they were coached on their testimony.

read in re vinhee print it out then cite it in court(lodge that with the court in the morning)

Now at the end make sure you request a statement of decision and findings.

that should be what happens. If they try to fast forward it try to slow it down. and remember don't get fustrated, scared, keep it spock like and prfessional(actually more doctor like and clinical)

cite cases.

get your dirt you dug up on plaintiff's ie: previous cases from other states for ag cases for illegal business practices, anything on the witness, and lastly

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When should I move to strike the testimony of the witness as Hearsay and no personal knowledge? After cross and redirect, after the plaintiff rests, or include it when I present my defense?

None of the above if you're going to go for a motion to strike. You need to object for lack of foundation. In fact, you can't move to strike if you have not objected for lack of foundation.

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Know we are all pulling for you. If you did badly know that you did your best. If you kicked there azzez then:

:BigDance:::allhail:::BigDance:

Hope you did well.

I go tomorrow morning -- Thanks for the well wishes!

I'm feeling pretty confident (except scared on procedure)

All they have is the generic cardmember agreement and the Bill of Sale with no name or account number.

They don't have a single document with my name on it. If they try to sneak anything in, I'm prepared to blast them on disclosure rules and unfair prejudice. They've had amplt time to produce. I decided to not move to compel them to produce because they never included statements or affaidavits from OC on disclosure. Why make their case? That's their job.

Is it possible to move for summary judgement when we get there? They have not one document that says I owe anybody anything. We're wasting the court's time.

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None of the above if you're going to go for a motion to strike. You need to object for lack of foundation. In fact, you can't move to strike if you have not objected for lack of foundation.

Lack of Personal knowledge is a foundational objection, isn't it? To be safe, I guess, I object to the witness on introduction for lack or foundation, specifically no personal knowledge, hearsay, authentication.

The explain each objection.

So when would I move to strike their testimony?

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