NJdefendant

PLEASE HELP WITH SUMMARY JUDGMENT!

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Rule 4:18 is Discovery and Inspection of Documents. The rule you copied says that 4:18 applies to Special Civil. The attorney either doesn't know what he's doing, or he thinks he can bamboozle you.

It also appears they're delaying. What did you include in your 2nd request? Was it just a reminder of your 1st request for documents?

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Yes just a reminder.

Rule 4:18 is Discovery and Inspection of Documents.

The rule you copied says that 4:18 applies to Special Civil. The attorney either doesn't know what he's doing, or he thinks he can bamboozle you.

It also appears they're delaying. What did you include in your 2nd request? Was it just a reminder of your 1st request for documents?

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I used this to object plaintiff's motion to summary judgment and I was successful their motion was denied. But I was asking whether I can file a motion to dismiss this case without going to court and what would that motion be? If they filed a motion to summary judgment first can I file it too?

Edited by NJdefendant
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hi all

because the plaintiff has yet to respond to my discovery request and as of yesterday they are past the deadline under california law. In addition to the motion to compel can i ask the judge in some type of motion to not allow plaintiff to submit docs because the date has past?

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Court rules usually don't specify a time for a reminder. :)

If it were me, I'd call Stern's office, and tell them that you sent a reminder to the Plaintiff's attorney regarding your discovery requests. Ask them how long you should give the attorney to reply. Hopefully, they'll suggest a time limit. If they do, and if the attorney doesn't respond in that time, I'd file an MSJ.

They haven't responded to your discovery requests, you sent a reminder, the judge said they need to prove ownership, and they've had enough time to prove their case. They either have proof or they don't.

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yes I would like to know the same thing. Mine is nj special civil and my discovery is 49 days or 19 overdue if I am not mistaken nj civil interrogatories are due in 30 days

hi all

because the plaintiff has yet to respond to my discovery request and as of yesterday they are past the deadline under california law. In addition to the motion to compel can i ask the judge in some type of motion to not allow plaintiff to submit docs because the date has past?

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Stern is so busy that he can't get on my case right now I asked him already. He said he might be able to appeal if I loose but that's about it.

Court rules usually don't specify a time for a reminder. :)

If it were me, I'd call Stern's office, and tell them that you sent a reminder to the Plaintiff's attorney regarding your discovery requests. Ask them how long you should give the attorney to reply. Hopefully, they'll suggest a time limit. If they do, and if the attorney doesn't respond in that time, I'd file an MSJ.

They haven't responded to your discovery requests, you sent a reminder, the judge said they need to prove ownership, and they've had enough time to prove their case. They either have proof or they don't.

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I'm not suggesting they take your case. See if they will simply give you a suggestion for a time limit for the attorney to reply to reminder. Nothing else.

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Plaintiff's request to adjourn trial was rejected by the judge!so my trial is still on for this thursday...I'll keep you posted!

I've got my fingers and toes crossed, although that makes it difficult to type and walk. You'll do just fine. :)

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Can anyone tell me when do you object plaintiffs remarks and evidence at trial. At the oppening statement or after he is done with the statement? Do I need to read my brief or I just hand it in and wait to be asked questions? I am not a good public speaker :(

Edited by NJdefendant
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This is small claims court basically, very informal. there probably isn't much in the way of formal objections. The judge or moderator will ask you questions, kind of like Judge Judy. This Youtube clip should be of immense help to all NJ litigants, it is produced by the court system and shows special civil proceedings.

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I am petrified. :cry: Everything I read I already forgot what it means. But thank you for the video!

This is small claims court basically, very informal. there probably isn't much in the way of formal objections. The judge or moderator will ask you questions, kind of like Judge Judy. This Youtube clip should be of immense help to all NJ litigants, it is produced by the court system and shows special civil proceedings.

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it's freaking not over yet they asked to adjourn trial again!!!

So I went to court and basically judge called our case and told us to go see a mediator...it's mandatory....We did and I said I don't know anything about the debt I don't owe this and I want proove that you own? So plaintiff's attorney goes little nasty with me things like stop playing games bla bla,here is statements that's your name on there...

Back in court room judge calls our case and attorney goes" I request adjournment of trial because there is outstanding discovery" I was like whaaaat? So I said "hon. judge There isn't anything outstanding i provided answers to intteroggatories twice and I have no idea what else to give them, I don't have anything else. I am ready today and I am waisting a day off from work.So attorney goes your honor other judge vacated my motion for summary jdugment! ooops! so judge goes ahhh what? who did? and he said you know the other judge..So Judge goes go to the other judge I am going to have her decide this case so sherifff took us to the other court room.

So i sit there listening to the case cuurently presiding.. and the judge goes I am going to take a lunch break but before I do that I am going to figure out who goes today and who's coming back on a different day because she had some medical emergency or something. So this sleezebag managed to tell the judge through the clerk that he wants adjournment because of outstanding discovery and I had no idea he did that. So officer comes back and tells who should go and who stays. My name isn't mentioned but I saw attorny leaving and I was like he porbably will have lunch or something. So officer reassures me I have to come back after lunch and I went to get coffee. I was standing with the same officer in the cafeteria and attorney passes by us and tells officer please tell her that trial is adjourned to 4/5. we both were surprised and I said officer didn't you just say I have to comeback.

So I went back and waited for the clerk. Finally he came back from lunch and I asked him why he didn't advise me about the trial and why is trial adjourned when first judge didn't allow it basically. and he says well I got the impression that you knew about it.I said how did you get the ipression when you didn't even talk to me. He goes well atorney said there is outstanding discovery and I needed more time to reply. I said but that's not true I was ready today and told him the whole story about what initial judge said. He goes why don't you call attorney and discuss settlement. I almost slapped him in the face. So there goes my waisted day in court.

I'll keep you posted!

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Hang in there. You appear to have the upper hand but that attorney just banboozeled the court system and he needs to be reprimanded for that.

I would file an immediate complaint with the Attorney General and the local Bar Association. Let him/her include and answer to the AG in his/her discovery.

HP

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Hit them with the mother load of discovery, and make them curse the day they told the judge there was outstanding discovery issues. I'm talking production of documents, written interrogatories, admissions, witness lists, request for depositions, motions to strike, motions in limine, and then your own motion for a continuance so you can take depositions. Shove it right back at them.

Your letting them call the shots, time to start dropping bombs on their a$$ and stop playing their game, time for them to learn the rules just changed, it's on.

Edited by Coltfan1972
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Hang in there. You appear to have the upper hand but that attorney just banboozeled the court system and he needs to be reprimanded for that.

I would file an immediate complaint with the Attorney General and the local Bar Association. Let him/her include and answer to the AG in his/her discovery.

HP

Yeah, even though I think that would go nowhere quick, punch them in the face with this also. If there is a complant to file, file it. I don't care what it is. Let them know they just screwed with the wrong person and enjoy the next six months answering every possible friviolus complaint there is (don't file any court complaints or motions that are frivilous, but everything else....file it). ::BigGun::

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You know although very frustrating I don't think he actually did anything wrong. He asked for adjournment, he told the clerk what he did and the Clerk was suppose to consult/advise me what's going on and not just assume before relating the matter to the judge. Of course the judge is going to approve it she was going to adjourn couple of cases anyways because she had to leave so this was served on her plate. I think the fault is in the administration and this sleazebag just got lucky. Obviously they know him well beacuse he was friendly to everyone. He had 5-6 cases one of which he settled,mine and the others were default judgments so he came out as a winner from court yesterday.

Yeah, even though I think that would go nowhere quick, punch them in the face with this also. If there is a complant to file, file it. I don't care what it is. Let them know they just screwed with the wrong person and enjoy the next six months answering every possible friviolus complaint there is (don't file any court complaints or motions that are frivilous, but everything else....file it). ::BigGun::
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I hear you but I don't want to mess with them I just want to move on. They have three statements and computerized report why ask for more let's see see how blind our justice system is. I got their sj vacated if judge wants to overrule that with the same proof then there is nothing else I can do. I will show up and present my arguments I wasted more than enough time already. I bet you can pull it off but me I broke down and cried yesterday :(

Hit them with the mother load of discovery, and make them curse the day they told the judge there was outstanding discovery issues. I'm talking production of documents, written interrogatories, admissions, witness lists, request for depositions, motions to strike, motions in limine, and then your own motion for a continuance so you can take depositions. Shove it right back at them.

Your letting them call the shots, time to start dropping bombs on their a$$ and stop playing their game, time for them to learn the rules just changed, it's on.

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yes it appears so. why else would he want to adjourn we were next. As for the complaint I really don't think he did anything wrong he is just one very lucky attorney who got away with the court administartion nonsense. 8]

Hang in there. You appear to have the upper hand but that attorney just banboozeled the court system and he needs to be reprimanded for that.

I would file an immediate complaint with the Attorney General and the local Bar Association. Let him/her include and answer to the AG in his/her discovery.

HP

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Well don't let this stuff make you cry. It might seem unfair, but it's just our system. If you were to hang around and watch for a month, you would see these type of things happening all the time.

Get the court docket. I bet there will be ten bench trials scheduled in a period of about four hours. I drug out a $15.00 parking ticket for five months. It's just they system. Does not probably help you, but it's really how courts run all over the country.

They are trying to wear you down. They want you to throw up your hands and just say forget it. Same reason people on here will arbitrate a claim. They don't want to arbitrate, they want to tie up the creditor and drag out the process and wear the creditor down so they just give up and go after easier targets.

I'm getting ready to file a lawsuit in federal court that could easily be filed in small claims court. Why? to drag the collection agency through a long, expensive, and complex process. Right or wrong, it's just our system. I hope it works out. Don't give up.

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