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Start attacking "evidence" before or wait till trial??


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So with the help and guidance of some of the well known members I've started to figure out how I'm going to start picking apart Midlands evidence. I'm going to keep the specifics close to the chest for now but I'd like input from other members as to if I should start knocking the "evidence" out before we even get to trial or wait to drop bombs? Pros and cons? Thanks

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They have played their discovery games. Now let them not produce and MIL the stuff they did send.

catch them shortly before trial.

and subpoena their witness.

get them boxed in save caselaw for the in limine and trial.

wolf in sheeps clothing kind of deal.

most importantly is the finding out how the court rules on these types of cases and address the courts issues with these cases.

make sure you get your own CCP98 declaration to do it's damage to them.

and dig up dirt on them and disclose via ccp 96. analyze everybit of "evidence" and find things that are wrong with it.

I will give you a for instance: does the signature on the bill of sale match any known signatures for signer. literally could you find an example of their handwriting anywhere DMV, Other Court pleadings & affidavits.

make a detailed list of the faults with each piece of evidence. Motion to strike will give them time to recover MIL right before trial will catch them "wit de pants on da ground".

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I was thinking the exact same thing about MIL. Do I really need to mess with the witness since the BOS/afadivt have no reference to my acct?

I can't wait for my CMC in a few weeks. Going in there credit litigation ninja style.

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Get the motion in limine ready, file it and put it on calendar for a hearing...

Send them a CCP96 and lock their "evidence." If they introduce anything that's not on that form, it cannot be admitted at trial (I doubt it goes that far).

Also, get a subpoena together for the CCP98 declarant and serve them at the address they list (I will bet they are not there to be served) - which will allow you to move to preclude the CCP98 declaration.

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So with the help and guidance of some of the well known members I've started to figure out how I'm going to start picking apart Midlands evidence. I'm going to keep the specifics close to the chest for now but I'd like input from other members as to if I should start knocking the "evidence" out before we even get to trial or wait to drop bombs? Pros and cons? Thanks

The case is won before trial. No surprises allowed at the trial. Make it known you require an authenticated bill of sale. That is the main issue, an authenticated bill of sale directly identifying your name, account number, balance owing, and consideration paid by junk debt buyer. A single bill of sale involving a bundled up portfolio of debts should not be sufficient for the Plaintiff to prevail.

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The case is won before trial. No surprises allowed at the trial. Make it known you require an authenticated bill of sale. That is the main issue, an authenticated bill of sale directly identifying your name, account number, balance owing, and consideration paid by junk debt buyer. A single bill of sale involving a bundled up portfolio of debts should not be sufficient for the Plaintiff to prevail.

One usually makes it known through discovery. I agree one should ask for the bill of sale or assignment, but I don't agree that the word "authenticated" should be included. If the JDB doesn't know to authenticate their evidence, that's their problem. Unauthenticated evidence is an advantage to the defendant. Don't let the JDB know that YOU know the evidence must be authenticated.

directly identifying your name, account number, balance owing

I also don't think one should include this in the request either. A generic bill of sale, just like unauthenticated evidence is an advantage to the defendant.

consideration paid by junk debt buyer.

This is useless. They're not required to provide that information, and they know it.

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One usually makes it known through discovery. I agree one should ask for the bill of sale or assignment, but I don't agree that the word "authenticated" should be included. If the JDB doesn't know to authenticate their evidence, that's their problem. Unauthenticated evidence is an advantage to the defendant. Don't let the JDB know that YOU know the evidence must be authenticated.

I also don't think one should include this in the request either. A generic bill of sale, just like unauthenticated evidence is an advantage to the defendant.

This is useless. They're not required to provide that information, and they know it.

You mean we shouldn't make a habit of making their case for them????? That's just crazy talk there sir!!!!!!;)

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Strategy is different than procedure; it is the battle plan that determines how procedure will be used. The defendant is under no obligation to hound and compel the plaintiff to produce that which he needs to win at trial. Ask once, then stop. Let them think you're a complete nincompoop. That way, they will take little notice of you and will not be prepared for trial. If you've covered your bases early on, you have grounds to object to any surprise evidence at trial.

The case is won before trial.

If this was true, there would be no such thing as a trial. This is the function of summary judgment.

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Strategy is different than procedure; it is the battle plan that determines how procedure will be used. The defendant is under no obligation to hound and compel the plaintiff to produce that which he needs to win at trial. Ask once, then stop. Let them think you're a complete nincompoop. That way, they will take little notice of you and will not be prepared for trial. If you've covered your bases early on, you have grounds to object to any surprise evidence at trial.

The case is won before trial.

If this was true, there would be no such thing as a trial. This is the function of summary judgment.

So this I kinda what I was getting at when I was asking if I should press the issue of them objecting to my POD since their response was late. It sounds to be better to leave things alone and not stir crap up so long as they can't surprise me with any docs later. Here in Cali CCP 96 will prevent them from making any late changes I guess. Are they also locked into whatever they produce in a POD??

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Strategy is different than procedure; it is the battle plan that determines how procedure will be used. The defendant is under no obligation to hound and compel the plaintiff to produce that which he needs to win at trial. Ask once, then stop. Let them think you're a complete nincompoop. That way, they will take little notice of you and will not be prepared for trial. If you've covered your bases early on, you have grounds to object to any surprise evidence at trial.

The case is won before trial.

If this was true, there would be no such thing as a trial. This is the function of summary judgment.

I understand what you mean by letting them think you are a nincompoop and only asking for info once...but how does that break down in terms of interrogatories and affirmations?

I mean, I realize just asking for production of documents/discovery once. But should one also issue interrogatories and affirmations to opposing side?

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Interrogatories are great if it's a car accident case. Really, what are you going to ask them? These cases are won and lost with documents, period. ROGs are a plaintiff's weapon as a rule. Not sure what affirmations are, must be CA terminology. Admissions maybe? Also a waste of time unless they follow POD.

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