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What to expect in case management review?


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I am representing myself in the case management review and I am extremely nervous.

What can I expect in the case management review?

How can I beat this case? I am being sued by a JDB and they already validated the debt but I do want to fight this.

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First off, welcome to the forum, there is a lot of great help here, especially for us Californians.

 

To begin with, it will be to your benefit to answer the questions listed in this thread.  Keep out personal info and round off the dollar amount.

 

Regarding your Case Management Conference (CMC), these are no big deal.  On my first CMC I was so nervous I was thinking I should have worn a diaper… LOL!  It is just an informal appearance before the court to let the court know that the case is proceeding and that there are no big issues that need to be addressed.  You know, like plaintiff not responding to your discovery or something like that.  If you discovery is not finished, simply tell the court that discovery is ongoing and the court will most likely set another CMC date, or, if both sides are ready for trial, the court will set a trial date.

 

Good luck and welcome, you are among friends,

 

rt

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First off, welcome to the forum, there is a lot of great help here, especially for us Californians.

 

To begin with, it will be to your benefit to answer the questions listed in this thread.  Keep out personal info and round off the dollar amount.

 

Regarding your Case Management Conference (CMC), these are no big deal.  On my first CMC I was so nervous I was thinking I should have worn a diaper… LOL!  It is just an informal appearance before the court to let the court know that the case is proceeding and that there are no big issues that need to be addressed.  You know, like plaintiff not responding to your discovery or something like that.  If you discovery is not finished, simply tell the court that discovery is ongoing and the court will most likely set another CMC date, or, if both sides are ready for trial, the court will set a trial date.

 

Good luck and welcome, you are among friends,

 

rt

Hello rt,

 

THANK YOU FOR RESPONDING! I have the case management review today and I was not aware that I had to file a case management document at least 15 days ahead. I just found out that I should have submitted a case management document by reading through the discussion.

 

Being that I will not be able to fill one out in time for the review, will this be an issue?

 

Also, I havent responded to their admissions and interrogations yet- how long do I have to do this?

 

I havent submitted my discovery requests yet- can I still do so and how long do I have to send it to them?

 

I am so nervous and I although I probably shouldnt be- just the thought of being in court terrifies me.

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Believe me, I completely understand the way you feel, unfortunately the legal system does not care how you feel and will just keep on rolling, even rolling over you, if you don’t prepare yourself to fight.  You need to study, read, study more, read even more, and learn the legal system.  As I mentioned before, there is a lot of help here for you but you do have to go into court and make your own arguments.

 

I can’t guarantee that having not filed your CMC statement in time is not going to be a big deal, but it would surprise me if it became a big issue.  Go to this link, fill one out and take it with you.  That way if plaintiff tries to make a issue of it, you can simply had it to them at court.  When I filled out my first CMC statement, I just used plaintiff’s as a guide making sure not admit anything.

 

You have 30 days, plus 5 for mailing, so 35 total, to respond to their discovery requests.

 

You can still submit discovery on them just make you let the court know that discovery is ongoing.  If the court wants to set a trial date and you are asked how much time you need to complete discovery, be sure to have an answer ready.  Others can chime in here but I would imagine 6 months out ought to be enough time.

 

Believe me, I can’t say this strongly enough, AVOIDANCE IN THIS MATTER IS NOT THE BEST POLICY.  You need to stay on top of this stuff and serve and respond within timelines or you will loose.

 

rt

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Thank you rt!!! I never receive plaintiffs case management response so would that mean- they never submitted one either?

 

Case Management Response?  Do you mean their Case Management Statement?  If that's what you mean then most likely they didn't file one.  If that's the case, then I really wouldn't worry about it much.  They were required to file one and serve you a copy.  It probably wouldn't hurt If you can quickly fill one out and take it with you.  You probably won't need it though, but it's better to be safe than sorry.

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