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Pretrial Questionnaire - Review


titans1987
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I have elected arbitration but there is a pretrial conference set & the court rules require a pretrial questionnaire be filled out.  So even though I have elected arbitration I want to be sure to submit this questionnaire as well.  Can some of you smart people look this over and see if I should answer these differently or if this looks ok?  Thanks!

 

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1. Name

           a. titans1987

 

2. Contentions and theories of recovery:

 

a. The alleged debt in question is governed by an arbitration clause which I have enacted.  b. If arbitration is not granted, the defendant does not have a legal standing to collect on this alleged debt.

           

3. Request for amendments to your pleadings:

 

a. None

 

4. Request for admissions and stipulations:

 

a. The Court has the proper jurisdiction; however I have elected to compel private arbitration on this matter

 

5. List of names and addresses of all witnesses you intend to call at trial: (Identify as an expert any witness you intend to call as an expert.) 

 

a. Any witnesses will be called through arbitration

 

6. List all exhibits you intend to offer at trial and identify any which have not already been shown to opposing counsel:

 

a. Any exhibits will be offered during arbitration

 

7. Motions:

 

a. Motion to compel private contractual arbitration and dismiss plaintiff's claim or in the alternative, to stay proceedings pending arbitration.

8. Trial Assignment:

 

a. Private arbitration has been elected in lieu of trial

 

9. Guardian ad litem:

 

a. No

           

10. Expert or Cumulative Witness Limitations:

 

a. Any limitations will be set during arbitration

           

11. Questions of fact:

 

a. Defendant is owner of alleged debt

b. Defendant owes Plaintiff the alleged debt

c. Defendant owes Plaintiff the alleged amount

d. Amount of the alleged debt is accurate

e. Plaintiff owns the alleged debt

 

12. Questions of law:

 

a. Plaintiff does not have standing to sue over the alleged debt

 

13. Unusual questions of evidence:

 

a. Evidence will be handled through arbitration

 

14. Anticipated problems relative to jury instructions:

 

a. Matter will be handled through arbitration

 

15: Settlement:

 

a. Acceptable settlement terms are plaintiff dismisses case with prejudice

           

16. Do you plan to file trial briefs? If so, set forth proposed time schedule for filing.

 

a. Matter will be handled through arbitration

 

17. State any procedural problems or recommendations:

 

a. Procedures will be set during arbitration

 

 

18. Discovery: (It is presumed that all discovery is completed at the time of pretrial.)

 

a. Discovery will be handled during arbitration 

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Thanks for the feedback. I have already filled a motion to compel in December - after doing so the answer heating was canceled and this pretrial conference scheduled.

For #4 I put that because the form on the court site had the following after #4 as kind of a sub question (I think)

a. The Court has jurisdiction over the parties and the subject matter.

I don't have a way to remove that and get this filed tomorrow so what damage does that have to me? I don't want to cross out my answer there I imagine.

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