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easy619

Motion to Compel Hearing...what to expect

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So, after a few months of inactivity in my JDB case (I have a few older threads regarding it), my hearing date for my motion to compel discovery is a few weeks away. I'm wondering what I should be expecting here. Do i 'argue' my case or does my Motion and seperate statement speak for itself, and I just explain and reiterate the facts? Does the judge rule on it then and there? This will be my first time in front of the judge for this case. I'm confident in the preparation of my motion and statement, but still a little nervous.

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Memorize your argument and the weaknesses in the other side's response. Let the judge run the hearing. He may have a few questions, or he may not. Usually each side will get a few minutes to state their position. If it's your first time, the judge may just want to size you up. Dress nice and observe the rules of the court. Unless you go first, watch the other cases and watch how the attorneys behave. Say as little as possible. Just answer what they ask you, don't elaborate. Stick to the issue. Don't talk to the other side, talk only to the judge. Stand when you respond, sit down when you are finished. At the end thank the judge for his time and leave. He probably will give you some indication of his decision, but he may not.

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So, after a few months of inactivity in my JDB case (I have a few older threads regarding it), my hearing date for my motion to compel discovery is a few weeks away. I'm wondering what I should be expecting here. Do i 'argue' my case or does my Motion and seperate statement speak for itself, and I just explain and reiterate the facts? Does the judge rule on it then and there? This will be my first time in front of the judge for this case. I'm confident in the preparation of my motion and statement, but still a little nervous.

You may want to check your courts web page. A number of courts in California use what is called " Tenative Rulings". This means on law and motion hearings they post a tenative ruling the day prior to the hearing. If either party is not happy with the ruling then they notify the court and otherside, and then Oral Arguments are held.

Better check to see if your court uses this process.

From there the information Bruno posted is on point.

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true that and some courts are requiring that you fax a notice that you are arguing the day before 3 PM to the judges clerk they have that info in the tentative ruling.

 

as far as arguing, summarize your position, the steps at meeting and confering and that you had to take time off work and are not being compensated.

 

http://california-discovery-law.com/sanctions.htm

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They do have Tentative Rulings on the court's website, I'll watch it to see if they post one before the hearing. Other than that, I've got a suit ready to go, all of my paper work and CMRR receipts, and a cheat sheet for myself with all of the key dates and CCP codes and case law relevant to my action. Now let's see if they send a rent a lawyer, or will I get to see my midland foe.

You may want to check your courts web page. A number of courts in California use what is called " Tenative Rulings". This means on law and motion hearings they post a tenative ruling the day prior to the hearing. If either party is not happy with the ruling then they notify the court and otherside, and then Oral Arguments are held.

Better check to see if your court uses this process.

From there the information Bruno posted is on point.

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I was granted the tentative ruling. Now we'll see what happens in court. I'm going to go for sanctions...they're really hampering my day with their nonsense.

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