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Well, I would get your MIL's done for the alleged evidence. BOS, cc statements, affadavits. Seadragon sent you some stuff in your other post from jedimama123.  See if her MIL's are in there. Also I was trying to say in Raul's post a MTS or MTD could be construed as a MSJ. When the judge opposed thier MSJ because ot the time frame he also granted my MTO continuance, But they had already missed one trial. Maybe he gives everyone one continuance???

Also the MIL's have to be file at least 30 days before trial.  So look at the continuance as more time to bone up for trial. And to get their stuff thrown out.   And I knew you were kidding

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Anything mailed on my motions had no explaination. Just denied  or as in my motion to oppose continuance--Granted

 

Just move on to the next step. Don't give the judge any chance to put you on his list for asking for an explanation.

 

Get you MIL's filed so you know how he will rule on those.

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Not yet, still waiting on my motion for Leave to Amend Answer. just like hot in az said, just move on to the next step and keep marching until we get to the next hill and climb that one too.

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You need to find out exactly why the MSJ was denied.  It's possible the continuance was granted in order to keep their MSJ from being denied due to the untimeliness of the filing.  In that case, it seems that the MSJ would have to have been denied for another reason, but I don't know.

 

 

Anything mailed on my motions had no explaination. Just denied  or as in my motion to oppose continuance--Granted

 

Just move on to the next step. Don't give the judge any chance to put you on his list for asking for an explanation.

 

Get you MIL's filed so you know how he will rule on those.

 

 

Not yet, still waiting on my motion for Leave to Amend Answer. just like hot in az said, just move on to the next step and keep marching until we get to the next hill and climb that one too.

 

 

Ok, I'm getting different opinions here and my own thirst for validation is persuading me to ask the court to put it in writing that Cavalry's MSJ was denied because the JP accepted my Opposition arguments and for no other reason.  And if that's the case, why not use the form of order I sent?

 

I don't see why a judge would put me "on his list" for asking him to explain why he denied a dispositive motion.  Granting the Motion would be self explanatory.  Denial could be for several reasons, some of which seem like they should be significant in deciding my next move.  I can't think of any reasons at the moment, but that's why I'm asking for some feedback.

 

 

BTW, Here is the order "denying" the MSJ.

Order denying (granting) Plaintiff's MSJ_Redacted.pdf

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Well, I would get your MIL's done for the alleged evidence. BOS, cc statements, affadavits. Seadragon sent you some stuff in your other post from jedimama123.  See if her MIL's are in there. Also I was trying to say in Raul's post a MTS or MTD could be construed as a MSJ. When the judge opposed thier MSJ because ot the time frame he also granted my MTO continuance, But they had already missed one trial. Maybe he gives everyone one continuance???

Also the MIL's have to be file at least 30 days before trial.  So look at the continuance as more time to bone up for trial. And to get their stuff thrown out.   And I knew you were kidding

I never posted in a thread with jedimama123.

All of these threads you mention sound great, but I can never find them.  Can you post a link to the thread you're talking about please?  It's very easy to do.  Right-click on the topic title (or in the address bar) and select "copy link location" or whatever it's called in your browser.  Then right-click in your reply window and select "paste".

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They filed the MSJ, so I think he used their form for that reason.  He denied it, so I guess I would ask why.  Maybe he signed yours to as granted, but they didn't mail you that copy.  I would go look at the file.

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Occam's razor, Harry.

The judge denied their MSJ because he probably spotted multiple issues of fact that required a proper trial.

I would not ask the judge for clarification. Unexplained rulings are very common. Judges are understaffed and overworked and they don't always have time to sit down and write out judicial opinions. Your request will likely annoy him, and then be denied.

The continuance was granted in his discretion because he may have presumed that the parties wanted more time, or maybe his own trial calendar is packed.

Prepare for trial. I forget, did you request a jury?

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I just saw something.  The new Jan laws state when the plaintiff files a MSJ they are required to send a judgement form to the Defendants and the court with a list of their taxable atty fees.  They are saying they will send them after the fact.

Thats why I always tell the AZ people when they file a MTD OR CROSS MSJ to send the judgement form to the court with two addressed stamped envelopes and a judgement form to the Plaintiff.  So he could have dismissed because they did not file protocol.

 

Again just a guess. You can always file a cross motion for summary judgement yourself. You said the judge denied your opposition to continuance.  Does this give you 90 days to file a MSJ on them??  And the post I was referring to was your own post Jury or No Jury. Seadragon posted Jedi's stuff.  I went back and looked and he did not post her redacted MIL's

Thanks for showing me how to do stuff. I am really not a computer person.

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I just saw something.  The new Jan laws state when the plaintiff files a MSJ they are required to send a judgement form to the Defendants and the court with a list of their taxable atty fees.  They are saying they will send them after the fact.

I'm not finding that.  The JC Rules you're talking about say nothing about proposed orders, and as to proposed judgments, a party "may" include one with a motion, but the court will draft one if none is provided by a party. JCRCP (Rule 139).

 

The traditional Arizona Rules of Civil Procedure require that a party include a "form of order" with any motion, but as with the JCRCP, the proposed judgment can be prepared by the court or a party.  Rule 5(j).

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@UCL  Hi Buddy!  Glad to see you again!  I thought we lost you.

 

I have not yet requested a jury trial.  I'm wavering.  I love the idea of making opposing counsel crap their pants, but I'm worried that I won't be able to paint the JBD industry to a jury as the bottom feeders that they are and I'd get portrayed as a deadbeat looser that doesn't pay his bills.  I also don't think fast on my feet and I panic when something unexpected happens.

 

I will skip the request for clarification.  Thanks for your input on this.

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I've just been buried and haven't had free time to log on of late. I got my own JDB-like litigants to deal with!

I don't agree that some procedural rule is the reason why the MSJ was denied. The judge simply didn't like the JDB's arguments. For all you know he may not have even analyzed the issues in depth. Maybe he just got annoyed by their smarmy, stupidly written brief.

The jury question varies according to your comfort level with the judge. Do you think he likes you, dislikes you, or is it a big mysterious X factor?

Do you have time to spend an afternoon watching him in court on other cases?

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I was reading Rule 139©   Did they send you a judgement form or atty fees form with their MSJ?  They did to me so that is why I sent a judgement form and the stamped envelopes. When I read it the first time i must have been skimming and did not see the part about the court may provide the form.

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Glad to see UCL back too. Maybe I can get him to look at my thread.  I went to court three days to watch some trial. The same pro tem was there as they said the normal judge was on vacation. It was for me a huge waste of time as in the 9 months preceding my trial there was 1 cc case and the guy never filled out and answer etc so lost, of course.And when I got to my acual trial the nice pro tem lady was there and I was happy.  Then the plaintiffs did not show up. My next trial was the first one the judge presided over and here I am , now almost 3 months with no decision.   There are a couple on you tube that are good. One guy is from AZ .

I'll see if I can find the link

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Well I like this forum. Just when it seems that one of us is starting to drown, the veterans come out and throw us a life line and get us back in the fight. You guys are awsome

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The jury question varies according to your comfort level with the judge. Do you think he likes you, dislikes you, or is it a big mysterious X factor?

Do you have time to spend an afternoon watching him in court on other cases?

I've had him on another case.  He seems like a "nice" guy but I'm not sure what to think about his interest in hearing cases and considering arguments.  I have to say my opinion of him has changed since he denied the plaintiff's MSJ and it seems like I might have a chance of a fair trial.

 

I have about 2 months to trial.  What is your suggestion on what to do in the mean time?

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But remember the logic behind using a jury: in a jury trial, it's still the judge who has to make the critical decision of whether to sustain your hearsay objection when the JDB tries to introduce its BOS, affidavit and other crap. The jury doesn't decide that issue. Then, if the judge disagrees with you and improperly admits the exhibits, you STILL get to argue to the jury that the exhibits are a load of garbage that they should reject because the plaintiff doesn't have the actual witnesses present to support them.

My point here is that the jury is your second bite at the apple. In a bench trial, if the judge disagrees with your hearsay objection, you're dead in the water. He's not going to find the exhibits admissible but then somehow find you not liable for the debt, right?

During these 2 months, I would memorize your exhibits, memorize the business records exception to the hearsay rule, and rehearse your trial arguments with friends or family if at all possible. File timely MILs of course.

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@UCL Sounds good!

When does a MiL become untimely?  I thought non-MSJ motions could be filed any time, including during a trial.

What's the ideal time to file a MiL?

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MIL's must be filed 30 days prior to trial.You can ask the judge to rule on them prior to trial. If you don't ask and they don't rule it will the first thing they rule on before your trial so it will be a surprise.  Also the judge will ask you for case law and what you expected from filing the MIL's

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MIL's must be filed 30 days prior to trial.You can ask the judge to rule on them prior to trial. If you don't ask and they don't rule it will the first thing they rule on before your trial so it will be a surprise.  Also the judge will ask you for case law and what you expected from filing the MIL's

Ah, yes.  It took me a minute to find it because it's not in the JC rules, but is in the traditional AZ RCP, Rule 7.2.

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@mrbubbly I have trial in a few short weeks and I'm getting my MIL ready to go. I have the motion part done and I'm working on the Memo and Points of Authorities. I should have a first draft ready for the experts to critique by the end of this week. I'll post it here then.

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If you want I can send you my trial brief (that the judge did not want to see). I worked long on it so felt a little insulted. I feel the MIL's are more important, get a ruling before trial..

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Yes I did find the u tube. I should send everyone to him . I forgot how great he is.  Marvin AZ

 

Google you tube civil debt case in AZ. The first one should say Az Rules of Civil Procedure. Click and go to #3 his trial. Acually he has added a bunch. His one on the answer is one I will share with all Az newbies.  Thanks for reminding me

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Yes I did find the u tube. I should send everyone to him . I forgot how great he is.  Marvin AZ

 

Google you tube civil debt case in AZ. The first one should say Az Rules of Civil Procedure. Click and go to #3 his trial. Acually he has added a bunch. His one on the answer is one I will share with all Az newbies.  Thanks for reminding me

Is this the one?

 

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