Trial Tomorrow - Only Received Discovery 9 Days Ago!!

[HelpInTexas]

Hey everyone,

Well, I've been waiting and waiting and finally received my Discovery packet on Monday, August 20th - or 10 days BEFORE trial. I had to go out of town to work for 3 of the days and the deadline to file a continuance was 3 days prior to trial.

On Monday, I was pretty confident I could put all of my paperwork together in time for the trial tomorrow, but I'm not really confident it will be what I want to submit to get the case dismissed. As I said, I had seen NO evidence against me in this case until last Monday when the affidavit was signed on March 5th, or nearly 3 months before I was served.

The affidavit has holes all over it, but again, I want to make sure my paperwork is rock solid before I submit it to the court. It will be in the form of a Motion in Opposition to Summary Judgment based on faulty affidavit.

QUESTION: I called the court yesterday and they said it was too late to file the motion to continue or extend the trial date. She told me to just ask the judge and see what he says. What should I say or how should I phrase it so that I can have more time to prepare my defense? And, do I need to file a motion on the day of when it's already past the deadline? Is it necessary to have the paperwork anyway? This stuff in not in the Rules for Civil Procedure. Any past experience out there with this type of scenario?

I really feel I can get them on the affidavit based on Texas Rules of Civil Procedure and Rules of Evidence. It's pretty vague and loaded with hearsay but they're trying to submit under the Business Records exception. Plus the affiant has a VERY unique name and a search for affiant turned up one person who lives and works in the same general area as Crap 1 in Virginia, but has no affiliation with Crap 1 itself. The only connection I can find from affiant's employment affiliations to Crap 1 are a Temp Staffing Agency that specializes in tech staffing. Is Crap 1 outsourcing their affiants!?? Where then, is the personal knowledge of the account? Very bizarre...

Thanks for the input!

[HelpInTexas]

OK, I've called the clerk and there is no MSJ on my case, so I can't file a Motion in Opposition to Summary Judgment. I have to go through trial which is something I was NOT expecting to have to do. I've been under the assumption all along that this was all done through paperwork. Suffice to say, I'm a little nervous now.

I'm guessing my only option is to try and get the Plaintiff or judge to allow a continuance (too late to file a motion) and give myself a little more time to prepare. Outside of that, I think all I have is to try to file a motion to strike affidavit since this is a trial setting. Is there anyone out there who can offer any advice, who has been to trial against an OC and who has beaten one in court?!