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Defendant prays this case be dismissed with prejudice along with any further relief the

court deems just and proper. Further the defendant sayeth not.

 

 

Should have left this out, cases which are not tried are not dismissed with prejudice just because you think that's what should happen. Judges don't like this. The Shakespeare doesn't help you, either.

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What would you suggest I put in there then? The form on the Utah courts website has a section labeled 

 

 

Request
[Explain what you want the court to do based on your defenses. Be specific. For example, "I ask the court 
to dismiss the Complaint."]
 
With that being the case I would expect that the court expects something.
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If you want the case dismissed you have to file a separate motion to dismiss based upon procedural grounds and attach it to the answer, or in lieu of an answer. Everybody asks to have their case dismissed, nobody seems to know how to do it properly. At this point you have no grounds for a dismissal. The rules give the parameters.

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Ok Maybe I didn't explain it clearly. The section I referenced above is in an Answer Template that the courts have provided on their website. Since it is in that template that the court provides, I would think that they would expect it to be filled out. Correct?

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Yup. entirely correct. It says this:

 

 

Explain what you want the court to do based on your defenses

 

As I and Kent told you, you have no viable defenses at this time. Dismissals are based on procedure......they sued the wrong person, wrong court, cause of action with no private right of action, something the judge can just look at and dismiss without a motion or case law. No argument required. You don't have this, so why fill out this part of the form?

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re: Post #15 "With Dell...there should be 4 parties at a minimum in the chain of assignment, Cit Bank to Dell Revolver, Dell Revolver to Dell Financial Services, Dell FInancial to AA."  Question-If this flow is correct then how can there be an assignment from CIT Bank to JDB? How would one challenge that all asignments have not been entered or provided? Looking for some tangible facts to support these needed assignments.

Thanks in advance.

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Your response is correct for Utah. Without requesting some disposition other than what Plaintiff has requested, there is no controversy and the court *can* give plaintiff judgement on the pleadings. Although this usually does not occur with a Pro Se, better safe than sorry.

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IMPORTANT NOTE: Rule 26 has been amended, read it carefully, understand it and read some of my other recent posts where I have commented on this. If they do not send you certain items within 7 days of receiving your answer, they can never use them in court. Wait patiently for them to blow off the disclosure requirements and they will screw themselves over without you having to do a thing.

 

Where is that amendment?  Which part of Rule 26?

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Timing of initial disclosures. The disclosures required by paragraph (a)(1) shall be served on the other parties:

(a)(2)(A) by the plaintiff within 14 days after filing of the first answer to the complaint; and

(a)(2)(B) by the defendant within 42 days after filing of the first answer to the complaint or within 28 days after that defendant’s appearance, whichever is later.

 

 

(a)(4)© Timing for expert discovery.

(a)(4)©(i) The party who bears the burden of proof on the issue for which expert testimony is offered shall serve on the other parties the information required by paragraph (a)(4)(A) within seven days after the close of fact discovery. Within seven days thereafter, the party opposing the expert may serve notice electing either a deposition of the expert pursuant to paragraph (a)(4)(B) and Rule 30, or a written report pursuant to paragraph (a)(4)(B). The deposition shall occur, or the report shall be served on the other parties, within 28 days after the election is served on the other parties. If no election is served on the other parties, then no further discovery of the expert shall be permitted.

 

 

 

I didn't read it all, it's quite lengthy, but I don't see this 7 day thing except for expert witnesses, this is as of March 2012, perhaps Kent can elaborate.

 

 

http://www.utcourts.gov/resources/rules/urcp/urcp026.html

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Now I will hang my head in shame.

 

 

No chance, you have forgotten more about Utah law than Bruno will ever know. I just got lucky! You've caught more of my mistakes than I ever did yours. Too much coffee, probably. Or in my case, a bit too much Chianti. Then again, you know those flyboys.......they've been know to take a drink now and then. Who knows.

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Thanks for the clarification everyone. I figured it was 14 days but it never hurts to have confirmation. Just to clarify. Since I filed by mail, the way I read the rules, they consider service complete when the response was mailed. I also add 3 days for a total of 17 days for AA to send their disclosures. Correct?

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Yes, but I would not jump on filing a motion to preclude. Rather just let them hang themselves and if they ever send you anything that they should have disclosed in initial disclosure then you move for preclusion. You do not want to file a motion have them send the stuff to you and the judge then say something like "They were just a few days late and it is harmless error."

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Got it. I just wanted to be sure on my timing. One other quick question. I have never actually filed with the court by mail. The last time they sued in a suburb and not downtown so it was easier for me to drop the filings off at the clerks office in person. I would assume that I should send the filings to the court CMRR correct?.

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Ok so yesterday was the deadline for them to file their disclosures. I didn't get anything in the mail today and I am assuming at this point they are late with their inital disclosures. I would assume my next step is to send them my initial disclosures (pretty much stating that I have none at this time). Correct? Is there anything else I should do at this point?

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I'd say they're late at this point. How come your initial disclosure date is different from theirs?

 

 

It's a new rule in Utah. The committee notes on the rule basically state that because the Plaintiff controls when they file, they have the shorter timeframe. (In other words, they better have their stuff together before they file)

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Ok well I got their Initial Disclosures in the mail today along with their Admissions and Discovery requests. Technically they were 2 days late according to their postmark but I'm not sure the docs they attached are even worth worrying about. I'm gonna go through this info and I'll post back here shortly.

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One important thing to do is carefully read Rule 26 about what they are supposed to disclose and see if they missed anything important to their case (most likely they did). Then make a list of them (i.e. the computation of damages, bill of sale, etc) so you are ready to fight them if they try to spring it on you or you can preemptively motion to exclude at the proper time.

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