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Hey gang oddly enough I was told these things don't normally go down where I live. Last case I had, as soon as the court got both Case Management Statements, it was vacated. I keep checking the online court schedule and it is still scheduled 2 days from now. What do I expect? What do I need to be prepared for in terms of this. It appears, it isn't the courtroom the judge presides. Will the judge even be there?

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Hey gang oddly enough I was told these things don't normally go down where I live. Last case I had, as soon as the court got both Case Management Statements, it was vacated. I keep checking the online court schedule and it is still scheduled 2 days from now. What do I expect? What do I need to be prepared for in terms of this. It appears, it isn't the courtroom the judge presides. Will the judge even be there?

what happens here is the Judge will ask if you want to settle and where you both are with the case. He will then schedule a date for trial. The other side may have hired a rental lawyer, in which case they will ask you if you want to settle. If you say no, then that's it. You will see them at trial. Pretty simple but it would have been good to see how your Judge presides and runs his courtroom.

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I assume you have completed a case management form for the court and otherside? If not you may want to put one together, there is a form you can complete. Bring 3 copies...

Yes here in California they send out a statement to both parties a date the conference is and that you must submit the CMS to the other party and the court 15 days before the CMC. My last case after the statements were sent the CMC was vacated and my lawyer didn't have to go in. He said that was common in California. I'm just very curious why mine wasn't vacated as my judge scolded me the last time I filed a motion about wasting the courts limited time and resources. Isn't this a waste of time when both parties have submited their CMS's? So I'm very curious if something else is going on here, or if that isn't allowed for anything else to go on here? I'm going to really have to get my bearings about me, because of course the otherside wants me to take my Motion to Preclude off the calender which I refuse to do. They have given me little to nothing and blantantly ignored my BOP. Who's wasting who's time now! 

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Yes here in California they send out a statement to both parties a date the conference is and that you must submit the CMS to the other party and the court 15 days before the CMC. My last case after the statements were sent the CMC was vacated and my lawyer didn't have to go in. He said that was common in California. I'm just very curious why mine wasn't vacated as my judge scolded me the last time I filed a motion about wasting the courts limited time and resources. Isn't this a waste of time when both parties have submited their CMS's? So I'm very curious if something else is going on here, or if that isn't allowed for anything else to go on here? I'm going to really have to get my bearings about me, because of course the otherside wants me to take my Motion to Preclude off the calender which I refuse to do. They have given me little to nothing and blantantly ignored my BOP. Who's wasting who's time now! 

I think you really have answered some of your own questions- First the last CMC (different case), sounds as if both sides were represented by attorney's. Courts simply would note that the rules of court were met, both sides sumitted statement, no issues case heading in the right direction, no reason for apperances...

Not sure, but sounds as if you are going pro se on this case. My experience is Pro se is viewed as a pain in the arse by most courts/judges. You slow down the process because you actually believe the courts will operate by the procedures. Further, we have to admit as Pro se defendants we miss the mark in stretching the limits of law and procedure. I mean we in most cases aren't trained, so we may stretch a piece of procedure or law in a direction, it may not have been intended. The court/judges view is we are wasting vauluble court time.

Personally, I haven't seen any poster show success in a Motion to Preclude based on 454 in 4 years of reading threads. This doesn't mean we or you shouldn't continue to use the process. I think the whole BOP and MTP, have value in that the otherside has to deal with your case. The other thing is they do have to provide some documents very early in the case. These may later prove a problem.

So given this remember the more time you spend in court the more familiar you become with processes and trier of fact. Where you generally can't hurt your case. In other words learning...

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Thanks Skippy I have decided if I am once again told that I'm wasting the courts time I will politely beg to differ and state I do not consider fighting my case a waste of time. I do see that many don't get the Motion to Preclude but "it" as I can see is the next step after the BOP which they blatantly ignored. The judge seemed entertained with me with the first motion so we shall see what happens. It really helps when I start to freak out to get support here. And yes I do not have a lawyer on this case because the last case had complications it seemed like the right thing to do. My lawyer is great and let me make payments and the case is over mutual dismissal. I learned a lot from him and don't mind paying somebody that also is looking out for us even when he isn't fighting a consumer case. He is going to be working on other things to help us out in the big picture. So in the end my money was well spent and wasn't sent off to somebody that didn't deserve it.

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Just got back, it was pretty simple and straight forward. Trial was set for beginning of June. The lawyer asked for it to be sooner, which I thought was weird since often they ask for more time. Judge asked me if that was ok I said I prefered the original date and judge said it would be the original date! I was not offered a settlement in the hallway although maybe I left to quickly. When I left the courtroom the lawyer did follow me out and it did look like she was going to approach me but I headed down the stairs.

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In the CMS, one of the questions is whether you'd like to appear by phone. Is it wise or not to do that?

I live less than 15 minutes from the courthouse, so I wouldn't opt for that. I also have noticed during motions to pay close attention to the judges facial expressions and tone. As much as I hate hate hate going into court, I think it is a good way to get a gauge of the judge and watch the other cases before you and his facial expressions and what not. One thing I learned from the forum here is that, get a grasp of your judge, he just might not be on your side and it can help when it gets down to the wire the choices you make. It did in my last case. I learned so much from my judge and how he holds court with the other folks cases before mine.

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