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Need To Move My Trial Date, Plaintiff Won't Help!


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I’m having a problem with rescheduling a trial court date. The non jury trial is scheduled to start the week of May 7th. I will not be in town during that week. I called the judges assistant who does the scheduling and she stated she cannot reschedule the date that I would have to call the plaintiffs attorney to see if they will move the date and if they will not then I would have to seek legal advice on what to do next.

I called and spoke with the plaintiffs attorney and she said they would not move the date (how come I’m not surprised), that I would have to petition the court. I looked through the Florida court procedures and cannot find anything that refers to this.

Does anyone know how I go about doing this and what needs to be said? I understand I am only asking for help and opinions here and not legal advice. Is it a motion I would use? Any help would be greatly appreciated.

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I’m having a problem with rescheduling a trial court date. The non jury trial is scheduled to start the week of May 7th. I will not be in town during that week. I called the judges assistant who does the scheduling and she stated she cannot reschedule the date that I would have to call the plaintiffs attorney to see if they will move the date and if they will not then I would have to seek legal advice on what to do next.

I called and spoke with the plaintiffs attorney and she said they would not move the date (how come I’m not surprised), that I would have to petition the court. I looked through the Florida court procedures and cannot find anything that refers to this.

Does anyone know how I go about doing this and what needs to be said? I understand I am only asking for help and opinions here and not legal advice. Is it a motion I would use? Any help would be greatly appreciated.

File a motion for continuance: Don't wait. Do it now and it will likely be granted as long as you have a good reason. Like this:

Now comes the Defendant, _______, and moves this Honorable Court for a continuance of the trial currently scheduled for (date you are asking for a continuance from).

The reason for this request is: (State reason and make sure it is a good one.)

.

Respectfully submitted,

______________________________

(Your Signature)

______________________________

(Print Your name here)

______________________________

(Print Your Current address)

______________________________

(Print Phone Number You can be reached at)

CERTIFICATE OF SERVICE

A copy of the foregoing has been sent via regular, U.S. Mail, postage prepaid to:

(Name and Address of Other Party, or Other Party’s Attorney) this ________ day of

______________________, 2003.

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The Plaintiff is under no burden to help you what so ever. If you need a continuance then you should never talk to the Plaintiff file a motion with the boss man, who happens to be the COURT. If the court grants a continuance then the Plaintiff has no argument.

Never ever talk to the Plaintiff unless it is in open court where it is on the record or by motions filed in the court.

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Thanks First Timer and everyone one else for responding. Do I also put in there that I tried talking to the Plaintiff and they refused!.... I will be out of town that week for a job and cannot get out of it without creating a hardship.

Yea'll I hated to call the plaintiff in the first place. I only did it because the judges clerk said I needed to do that first. Maybe she knows him! lol.

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Actually yes, you will want to say that you have confered with plaintiffs counsel and they refused to cooperate. Many times a motion like this is just stipulated by both sides and it is no big deal. You are going to show the court that you tried to work it out without having the courts decide the issue. Make the other side look as bad as you can each and every time you can.

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Guest usctrojanalum

Is this the first time the trial is on? I can't believe the plaintiff's attorney is being a PITA over a first time request to move the trial.

In your motion, state that you are not in town (using a purchased plane ticket confirmation, or other item that can prove you previous engagement is a huge plus), and state that you asked the plaintiff to consent to an adjournment and they would not grant you the courtesy.

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You 100% want to note you tried in "good faith" to resolve a very simple matter with the other side and they would not cooperate and that is the only reason you are getting the court involved. In other words show it is the other side making you tie up the courts valuable time.

Courts want parties to try and work things out before getting the court involved. I can't imagine the Judge is going to like they won't work with you on this. Getting a first continuance is pretty much granted for just about any reason.

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How about this... "Yesterday (date) I spoke with XXXX the attorney for the plaintiff in an attempt to request them to move the trial date. She stated unpleasantly that their company can't move the date and that I will have to petition the court for a continuance".

How does that sound.

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How about this... "Yesterday (date) I spoke with XXXX the attorney for the plaintiff in an attempt to request them to move the trial date. She stated unpleasantly that their company can't move the date and that I will have to petition the court for a continuance".

How does that sound.

Horrible, don't use words like unpleasantly, stick right to the facts without commentary. The court can read between the lines.

Comes now, me, and moves this honorable court for a continuance of (whatever is scheduled) This request is made in good faith and not in an attempt to unduly delay the process.

The Defendant, on the date of XXXX at XXXX contacted the Plaintiff, in an effort to obtain a stipulation for a continuance. Unfortuantley the Plaintiff was not in agreement, therefore Defendant moves for a continuance.

Defendant respectfully moves for this continuance based on (list reasons here), and is attaching supporting documentation to this motion.

If this is your first request then put also, this is the first request Defendant has made for a continuance.

Respectfully Submitted,

You.

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You also want to cite your authority so that the court can see that you know your stuff. We word them like this:

The Defendant in the above titled action respectfully moves the Court for a continuance, Pursuant to Florida Rule of Civil Procedure 1.460 CONTINUANCES, which states in pertinent part: "A motion for continuance shall be in writing unless made at a trial and, except for good cause shown, shall be signed by the party requesting the continuance. The motion shall state all of the facts that the movant contends entitle the movant to a continuance. If a continuance is sought on the ground of nonavailability of a witness, the motion must show when it is believed the witness will be available."

This is the first continuance sought. Counsel for the Plaintiff refused to agree to the continuance and stated that Defendant should petition the Court.

Then list your reasons. Me, I'd add this guy to my excrement list and he would have a very difficult time in the future. Hope it's a JDB.

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Thanks everyone for your input...

Yea, I knew he would say no anyway. Here is a dirtbag attorney ticked off that I am not letting him get his SJ. You can definately feel his anger when talking to him.

Speaking of him, I just got a letter today from him stating the affiant of the affidavit will be a witness in court.

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I just got a letter today from him stating the affiant of the affidavit will be a witness in court.

Good, I assume from the JDB to authenticate their own records. I'd send back a letter stating that you'll be sending a limo to the airport to pick this witness up because they seem to always get "lost" and/or "tied up" right at the last minute, when their trying to find their way to court.

Congratulations on your high honor of them being ticked at you. The attorney's for the JDB when dealing with me got so mad at me they would not even talk to me unless it was on the record with a court report present. Now that was a true honor !!

Sounds like you're doing great.

Answered the lawsuit- Check

Challenging their evidence- ChecK

Not letting them get easy SJ- Check

Attorney for the other side ticked off- Check

Attorney for the other side resorting to bluffing- Check

This sounds like it's just a matter of time before the inevitable

:trainwreck:

Happens when these clowns deal with debtors that will fight back.

We really need an icon of a dog with their tail between their legs running off so we can accurately describe these junk debt buyers when they "drop" their lawsuits.

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OOOOOH yeah, as "Macho Man" Randy Savage used to say. A little pro wrestling reference there. I would trade a kidney to get an affiant on the witness stand. Is this an original creditor or a junk debt buyer? Doesn't make a lot of difference, but there are different questions you should ask the affiant. If this lawyer told you he would produce this witness, you are now entitled to ask in discovery exactly what the witness will testify to. See your discovery rules. The fact that he is angry tells you that he is in over his head and never had anybody challenge him. I posted 22 good ones for Citibank, look it up, they may apply. I also added others. Check my posts.

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For the record it's the OC so I guess I'll have a fight on my hands. They are coming at me with alot of statements but no contract with any signature. They have stated in discovery so far that they have no written contract or signature because the credit card was applied for online. So they will be trying to use the statements to come after me.

Also a terms of agreement with a copyright date of 2 years prior to when this alleged account was opened. Wait, oh I thought I felt his anger again! lol

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This request for moving the trial date forward is gonna kick em hard. Move it on up and go get them. let them explain to the judge why they are not ready. You want to give them less time to prepare not more.

Are you ready for trial? If so move it up to clear the calendar. I bet a judge has never seen anyone request a sooner trial.

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I bet a judge has never seen anyone request a sooner trial.

LOL,

The judge at our first pre-trial said, "when do you anticapate being ready for trial." I stated, "based on the information they have provided me, tomorrow morning at 8:00 A.M., works fine for me Your Honor."

The judge did crack a small grin.

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I do agree with Seadragon, this could really come back to bite them. I've never heard of a case not having a least one continuance, more like seven or eight. By them declining your offer to mutually agree to a different date, they in essence have told the judge they are ready for trial on the specific trial date that is set. That will come back to bite them.

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Guest usctrojanalum
They are coming at me with alot of statements but no contract with any signature.

Don't let this be your only defense. It is pretty well established that use of a credit card is acceptance of it's terms. If they are prepared they will have statements, with copies of payments that you made on those statements and you are pretty close to smoked.

Fortunately, it is not very often that the banks even have this information. It is important to remember, that in civil court the standard of evidence for one side to prevail is by a "preponderance of the evidence" which basically means that it is more likely to be true than not true. Hence, OJ not being found guilty in criminal court, but he did have a civil judgment rendered against him - because the evidence standards are different.

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Good One Coltfan!

Usctrojanalum: Through discovery they only produced alot of statements. I don't believe they can come to trial with copies of payments or anything else that they didn't produce in discovery. Especially when they stated in discovery under the "production of documents" that they have produced everything under their control. If they produce anything isn't that trial by ambush!

Besides with just statements what does that really prove? How can they prove that I was the one who charged anything. If that's the case then I can make 1,000 statements and take someone to court and say these are their statements and expect the judge to let we win!

Am I thinking right or just blowing smoke here!... Where I believe I have the problem and need to attack is the statements along with the affidavits witness that will be at the trial.

I just need to figure out how to attack this. I am looking all over the internet for something I can use. hmmmmm, it's going to be fun!

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What you are doing basically is challenging the legitemacy of "account stated," a highly prejudicial theory of litigation. It is recognized in all states, but try to find a state statute that supports it. I've never seen one. There are several elements, and they have to prove them all, which can be very difficult to do, especially since nobody ever really challenges them on this stuff. Most pro ses don't know how and most lawyers don't either, not even collection lawyers. Florida is a bit tougher on defendants in CC cases, there are way too many of them and judges get tired of people claiming they can't remember the account, etc. Some of my PODs are designed to attack account stated. Use Google Scholar, advanced search, choose FLA courts for account stated. Read a bunch of them and see what you can find.

Requests for Production of Documents

1. The original signed application establishing the account

2. Charge slips bearing defendant's signature which establish use of the account

3. The original written agreement in which defendant allegedly assented to the terms of the account

4. A complete history of the account from day one, establishing the legitemacy of the balance sought

5. Any document setting forth the choice of law provision

6. Any document plaintiff intends to introduce at trial which establishes the exact day the subject account went into default

7. Any document produced by plaintiff in the normal course of business which states and defines the exact statutes the choice of law provision seeks to enforce

8. Any recording, or transcript of any recording, of telephone calls in which defendant disputed the alleged amount owed

9. Any cancelled checks or copies of cancelled checks, or other verified payments on the account plaintiff intends to introduce as evidence at trial

10. Proof of mailing of monthly statements

11. Any documents evidencing that defendant retained monthly statements for an unreasonable amount of time

12. Any document produced by plaintiff in the normal course of business defining "unreasonable amount of time."

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Just remember, this is a civil court case. You don't have right to not take the stand. The other side can force you to the stand and start hammering away on you.

Fighting an OC VS a JDB is different. Both are beatable, but with a JDB you can pretty much admit to everything other than standing and win. You actually need trial strategy with dealing with an OC.

You can win, just be ready for them to try and use you as their star witness.

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How do you cross examine yourself? Do you ask the judge for some latitude in your answers, since you can't cross yourself?

Generally speaking, you just give a narrative. I've done it, on a minor traffic violation. You can even object from the witness stand. I also did that. They asked a question and I said "objection, irrelevant." Judge grated the objection and just moved to another line of questions. I then asked the judge if I could just give my side or if she wanted me to ask myself questions. She said just tell your side of it.

In a criminal trial, if the defendant tells the atty they did it, the atty, if they are acting within the rules can only put their client on the stand and let them give a narrative and can't ask them questions they know will be perjury.

But you can always get very technical and say "question." Then ask yourself the question and then answer. I'd say in your case you would want to ask yourself questions in the event of an appeal.

Edited by Coltfan1972
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