easy619

Trial Readiness Thread

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I've read every trial related post I could find. I've been prepping for a month now and feel ready. I have a thead detailing more into my case, but I'm looking for more general trial experiences.  Wondering if anyone else would like to chip in on things that came up at trial, situations, JDB strategies, anything unforeseen or that caught you off guard and how to deal with?

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I would try to clear as many issues as possible before trial starts. File an MIL for every piece of evidence they produced and subpoena the declarant to the ccp 98 (if that fits your case).

 

The jdb's will try to authenticate the OC's records, but they should need a witness from the OC to do that, if you object and make it an issue.

 

Also, the lawyer cannot testify, but they often try to, so you have to make an objection on the grounds that council is testifying. And object to them asking for  a continuance, as they often will when they have no witness. There is  a rule that they cannot do that, but I don't have it off hand, maybe someone will chime in with it.

 

It will help if you can go watch a live case being tried.

 

Good Luck.

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I would try to clear as many issues as possible before trial starts. File an MIL for every piece of evidence they produced and subpoena the declarant to the ccp 98 (if that fits your case).

 

The jdb's will try to authenticate the OC's records, but they should need a witness from the OC to do that, if you object and make it an issue.

 

Also, the lawyer cannot testify, but they often try to, so you have to make an objection on the grounds that council is testifying. And object to them asking for  a continuance, as they often will when they have no witness. There is  a rule that they cannot do that, but I don't have it off hand, maybe someone will chime in with it.

 

It will help if you can go watch a live case being tried.

 

Good Luck.

 

CA Rules of Court 3.1332   http://www.courts.ca.gov/cms/rules/index.cfm?title=three&linkid=rule3_1332

 

Motions for continuance need to be made in writing and need to be made before the trial date.

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I would try to clear as many issues as possible before trial starts. File an MIL for every piece of evidence they produced and subpoena the declarant to the ccp 98 (if that fits your case).

 

The jdb's will try to authenticate the OC's records, but they should need a witness from the OC to do that, if you object and make it an issue.

 

Also, the lawyer cannot testify, but they often try to, so you have to make an objection on the grounds that council is testifying. And object to them asking for  a continuance, as they often will when they have no witness. There is  a rule that they cannot do that, but I don't have it off hand, maybe someone will chime in with it.

 

It will help if you can go watch a live case being tried.

 

Good Luck.

Anon be careful with this statement, I know exactly what you are talking about and agree, but I have been admonished on more than one occasion for saying this.

I have said more than once,"statements of council in brief or argument are not facts before the court" I guess some people on the board do not know what this means or where it comes from. I have also stated that council cannot testify as to the facts of the case, I got admonished for this one also,,, lack of understanding i guess. 

I'll prob get hit again, but it is important for people to know this issue.

I have seen it cost people their case simply because they did not object on those grounds.....but in so many words was told I do not know what I am talking about.

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@BTO429

 

I have caught some flak for it as well. It SHOULD be very hard for a lawyer to present his case when it's just him and the defendant, REGARDLESS of whether or not the law states that the plaintiff has to be in the room. Unless of course the defendant doesn't know better. This is something that usually does happen in debt cases. I think people that have a firm understanding of the Constitution are the one's that agree with this, and probably few people have read or understand it.

 

And yes; it has and will cost many a case. 

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I don't plan on letting plaintiff council testify or say anything which he lacks personal knowledge of. I actually don't plan on letting him say or do much of anything without proper objection, followed by a direct challenge to plaintiff's standing.

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I would START with the challenge of their standing at the beginning of trial. If they can't prove standing then there's no reason for a trial .

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I would START with the challenge of their standing at the beginning of trial. If they can't prove standing then there's no reason for a trial .

Definitely. I want to put them on the spot off the bat; all docs are hearsay, no witness from OC, no case. Or If judge grants MIL they're instant toast. 

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Their standing or lack of, is the bill of sale and assignment rights, and whether or not they can link that to your alleged account, giving them legal standing to sue you.

 

 Standing is a separate issue from the hearsay docs, and lack of authentication due to no witness.

 

I think you probably have that down, but just in case, or for others reading.

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