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JoeShmoley

Pre-trial Conference, etc.

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Hello to all,

 

I posted on here quite a few months ago. Since that time, very little has happened. Plaintiff has still not sent much of anything - even after a case management hearing took place back in October, and the attorney that appeared via phone, stated that more documents would be sent. (I wasn't really expecting anything to be sent to me, anyway).

 

At that "meeting", a pretrial conference was scheduled for February. I must admit, due to time constraints I have not devoted as much time as I should have, however, In the meantime, I have been trying to prepare for the actual trial, as much as I can.     

 

In a recent letter I received, the Plaintiff requested that I include my summary of defense, list of witnesses, or any information that I 'feel' is important, so that they may file it with the court 'in a timely fashion'. . How do I respond to this request? Is it necessary to respond at all? I have already sent them my initial response to all their inquiries. 

 

As for the pretrial hearing - what exactly can I expect? So far, the Plaintiff has forwarded very little - to the best of my knowledge,  Plaintiff expects to introduce one witness at trial or a stand-in for that witness who will 'authenticate' the Plaintiff's records and testify as to how the Plaintiff came up with the total sum. May I ask the Judge to compel further discovery at the conference? 

 

Thanks in advance.  

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Keep all your info in one thread, makes it easier to help.  But what documents did you ask for?  did you give a list of discovery requests?

 

Here are your rules of civil procedure

http://www.lawlib.state.ma.us/source/mass/rules/civil/

 

I have not read them, but you said they are asking for a summary of your defences, what records you have, etc.  You need to look through your rules and see if you have a disclosure rule.  If so  there may be a form you fill out to provide what they asked for.

In my state, I put Defendant has no documents to provide, and defendant has no wittnesses except for the purposes of impeachment.. (impeaching their wittenss)

Your defences would depend.  If this was your account, then you would probably want to use Plaintiff lacks standing as a defense.  If it is not your account, there are a ton of others you could use.

 

If you did discovery requests, and they have not sent anything, you can do a motion to compel.  If you have not sent them a list of requests, then I would do it asap.

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