CaseDismissed

Out of time in California! Too late to win my case--CCP 96, CCP 98, Need help immediately-Please!

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I am in a serious predicament In CA.

 

I have trial on January 12, 2015. I sent discovery they sent discovery. They had nothing but generic paperwork and some statements. I thought would show up next month and argue my case based on the evidence.  I didn’t think I’d hear from them and never prepared for more or did a trial brief etc.  I figured I’d go in and argue the evidence in person.

 

Then, yesterday via mail I received a CCP 96 including a CCP 98 from a Unifund Authorized representative  Doug Hallock.  I wasn’t worried UNTIL I saw that now they have included all of the sudden a Notarized affidavit from Sasha Deesha – in Missouri stating she was a document control officer from Citibank and it was sold to Pilots receivable and then assigned (generically) to Unifund.  This document was NOT ever included in the entire Discovery—but it was dated from last year. It has my accurate ss# on it etc  This to me ruins me.  . 

 

ALSO, I DON’T’ HAVE ENOUGH TILME TO CCP 96 THEM NOW  or file anything BECAUSE I HAVE UNTIL Friday 12-12-15( the 30 day mark for them to receive it ).  Can I fax off  a CCP 96 so it falls within the 30 days and get a friend to mail a copy as well that will arrive after the 30 days?  I MUST know what else they have as evidence. I was blindsided by this affidavit.

 

 

Clearly, I needed a trial Brief and/way more preparation, but now I’m stuck being too close to trial-- 30 days before the trial date.

 

What are my options.  I MUST have the affidavit thrown out.  How can I do that?

 

What should I DO?  I DON’T WANT TO LOSE THIS CASE. Should I hire a lawyer and see if the case can be put off?  I am over my head, but still want to win this.

 

 

Given they legally but willfully waited till the last second to send me a CCP 96 and CCP 98 (which included an affidavit I have never seen until yesterday),  now the issue is I have NO time left to respond legally because it’s too close to trial.  I feel defeated.  What can I do? Anyone reading this who can advise, you are literally saving my life right now.  I have to take action by this Friday to make the 30 days and I’d have to hire a process server to personally deliver.  But I can’t ever take the time off of my new job to handle this mess.  Please advise. I still don't think I could prepareanythign by Friday anyways.   I need SERIOUS  help right now.  I was very stupid to have let this happen.  I was caught off guard, But I can't let them win .

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Then, yesterday via mail I received a CCP 96 including a CCP 98 from a Unifund Authorized representative  Doug Hallock. 

 

To clarify, you received a ccp96 and a ccp98, right?  You should serve a subpoena on the ccp98 declarant (Doug Hallock?) at the address provided in the ccp98, within 20 days of trial.  Is that address within 150 miles of the court?

 

 

I wasn’t worried UNTIL I saw that now they have included all of the sudden a Notarized affidavit from Sasha Deesha – in Missouri stating she was a document control officer from Citibank and it was sold to Pilots receivable and then assigned (generically) to Unifund.  This document was NOT ever included in the entire Discovery—but it was dated from last year. It has my accurate ss# on it etc  This to me ruins me.

 

Is that affidavit certified "under penalty of perjury under the laws of the State of California"?  If not, it doesn't comply with ccp2015.5; in any event, affidavits aren't admissible at trial in CA - IF you object. (Elkins)

 

 

ALSO, I DON’T’ HAVE ENOUGH TILME TO CCP 96 THEM NOW  or file anything BECAUSE I HAVE UNTIL Friday 12-12-15( the 30 day mark for them to receive it ).  Can I fax off  a CCP 96 so it falls within the 30 days and get a friend to mail a copy as well that will arrive after the 30 days?  I MUST know what else they have as evidence. I was blindsided by this affidavit.

 

OK, so you received a ccp96 request from them, and you need to send your own request to them, right?  Send it via priority mail or fedex - just make sure a signature is required.

 

 

Clearly, I needed a trial Brief and/way more preparation, but now I’m stuck being too close to trial-- 30 days before the trial date.

What should I DO?  I DON’T WANT TO LOSE THIS CASE. Should I hire a lawyer and see if the case can be put off?  I am over my head, but still want to win this.

 

Yup, need a trial brief - fortunately there are several posted here.  Read astmedic's thread above, find seadragon's 60-day timeline, study your court's rules, read some other CA threads, keep posting questions.

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ALSO, I DON’T’ HAVE ENOUGH TILME TO CCP 96 THEM NOW  or file anything BECAUSE I HAVE UNTIL Friday 12-12-15( the 30 day mark for them to receive it ).  Can I fax off  a CCP 96 so it falls within the 30 days and get a friend to mail a copy as well that will arrive after the 30 days?  I MUST know what else they have as evidence. I was blindsided by this affidavit.

 

 

 

Before you panic, read the code section itself:

 

The request shall be served no more than 45 days or less than

30 days prior to the date first set for trial, unless otherwise

ordered.

 

You "serve" it when you put it in the mail.  Mail it today.  If you send it express mail, that will cut down plaintiff's time to respond so you will get it sooner.  If you go this route, make sure you do a proof by express mail.

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Wow . Thanks so much. You just save d my life. I hadn't thought of ther opiton of Fed Ex-ing my CCP 96. Will Do!

 

The affidavit says " I solemnly affirm under penalties of perjury that the contents of the forgoing are true."   I didn't know affidavits aren't admissble at trial. 

 

 

I  thought the timeline for a trial brief was it had to be sent 30 days proir to trial.  If not, I have time.  I was going to show up and motion in limine on the trial date to have the affidavit thrown out.

 

Thak you for your response-- thank you very much for taking the time.

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Before you panic, read the code section itself:

 

The request shall be served no more than 45 days or less than

30 days prior to the date first set for trial, unless otherwise

ordered.

 

You "serve" it when you put it in the mail.  Mail it today.  If you send it express mail, that will cut down plaintiff's time to respond so you will get it sooner.  If you go this route, make sure you do a proof by express mail.

 

 

Thank you!  I will send it off today. 

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I  thought the timeline for a trial brief was it had to be sent 30 days proir to trial.  If not, I have time.  I was going to show up and motion in limine on the trial date to have the affidavit thrown out.

 

Check your court's (or judge's) rules re deadlines for trial briefs and MILs.  (And read some threads to see what should be in them.)

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The affidavit says " I solemnly affirm under penalties of perjury that the contents of the forgoing are true."   I didn't know affidavits aren't admissble at trial. 

 

 

 

 

The affidavit of affidavit  Sasha Deesha should not be admitted at trial if you object.  And the declaration of Doug Hallock may not comply with CCP 98 if plaintiff does not give an address where he can be personally served.

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The affidavit of affidavit  Sasha Deesha should not be admitted at trial if you object.  And the declaration of Doug Hallock may not comply with CCP 98 if plaintiff does not give an address where he can be personally served.

 

I'm sending a CCP 1987 (B) on 12/23/14 to Doug Hallock (Authorized Unifund Representative) at the local address. 145 S. Fairfax ave # 400, Los Angeles, Ca. I will look to get his CCP 98 thrown out when the witness does not show—which I hope he would not. But I don't know if I can pull off the trial brief and other documents I may need at this late date. I haven’t studied up on them and given the time it is a concern to me. I am hoping if not, that I can go in and argue what I would have placed into trial brief. I see great stuff on this site and I really shouldn’t have waited till the last second, but the time factor is of concern to me.   I’ll be spending all weekend studying on here though—nonetheless.  I stayed up till 4:30 a.m. this morning looking up stuff and I will literally only pull this off if I lift most of the trial brief arguments etc. from other’s people’s cases.  So anyone who has sample trial briefs in a word doc, please point me to them as a reference, if they are on this site.  Thank you to all who read this and offer their support.

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I'm sending a CCP 1987 ( B) on 12/23/14 to Doug Hallock (Authorized Unifund Representative) at the local address. 145 S. Fairfax ave # 400, Los Angeles, Ca. I will look to get his CCP 98 thrown out when the witness does not show—which I hope he would not. 

 

ccp1987 likely doesn't apply; send a subpoena (SUBP-001: http://www.courts.ca.gov/documents/subp001.pdf)

 

 

So anyone who has sample trial briefs in a word doc, please point me to them as a reference, if they are on this site.  

 

Mine are here: http://www.creditinfocenter.com/community/topic/319956-sued-by-cach-llc-in-ca-update-i-win-its-over/?p=1295072

 

There are others posted.  (For the MILs, you'd need to change the words "Motion In Limine" to "Objection."  You would also need to add some discussion of a new case to the ccp98 Objection: the Rogers case.  If you need help with that, let me/others know.)

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Do the SUBP-001, not the 1987. String's Trial Brief will give you a good template. The briefs floating around here are (most of them) quite similar, they're "plug and play". Same with the Objection.

 

I'll reiterate what String wrote above about checking your local rules regarding deadlines for filing Briefs & Objections (MILs) - each county has their own rules, know yours. Also, deadlines for Briefs and Objections (MILs) are usually in Court Days, not calender days - important that you know the difference.

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Wow . Thanks so much. You just save d my life. I hadn't thought of ther opiton of Fed Ex-ing my CCP 96. Will Do!

just to be clear, you dont NEED to do this. serving tomorrow (or saturday even) by mail or fedex is the same. the only thing fedex does is give them 22 instead of 25 days to respond. in your case, with timing so tight, id advise it

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Then, yesterday via mail I received a CCP 96 including a CCP 98 from a Unifund Authorized representative  Doug Hallock.  I wasn’t worried UNTIL I saw that now they have included all of the sudden a Notarized affidavit from Sasha Deesha – in Missouri stating she was a document control officer from Citibank and it was sold to Pilots receivable and then assigned (generically) to Unifund.  This document was NOT ever included in the entire Discovery—but it was dated from last year. It has my accurate ss# on it etc  This to me ruins me.  . 

 

not at all, this is standard business. is it this one?

 

http://www.creditinfocenter.com/community/topic/318902-generic-cardmember-agreement/?p=1228395

 

if so, youre in luck. replace Aimee Dykes with Sasha Deesha in these docs. They already have citibank>pilot>unifund flow as in your case (except for the last part of the brief, see notes below)

 

MIL:

https://drive.google.com/file/d/0B3PQj_jm3BNTZHo0Zkl1TTkxUE0/view?usp=sharing

 

declaration in support of MIL:

 

https://drive.google.com/file/d/0B3PQj_jm3BNTcEJ3Y3hUMjRaa0U/view?usp=sharing

 

 

Trial brief: (a work in progress, first half is specific to unifund/citibank, unifund dismissed in the middle of me working on it and so i never got to tweak the last half which was specific to midland/chase):

 

https://drive.google.com/file/d/0B3PQj_jm3BNTZ0NiUkwxQTVMRVE/view?usp=sharing

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Clearly, I needed a trial Brief and/way more preparation, but now I’m stuck being too close to trial-- 30 days before the trial date.

read your local rules. in my jurisdiction trial briefs are due 5 days before trial, you prob have plenty of time, ill bet its at least 15 days

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I am reading what is on the LA County Superior court website for local rules, but it's not clear how many days I have to do what.   I am reading limited civil--and it all seems vague.

 

My case is out of the Norwalk Court with Judge Halm--Department SEY

 

I have no idea what calendar I am on for one--direct or master and this is not clear like the court rules I followed when I had a case in Long Beach 3 years ago.  I'm wasting more time trying to find out what the time cut off is, than preparing my case.  Any feedback--knowledge would be appreciated--by anyone on our forum. Thanks.

 

If anyone knows the exact section I may refer to regarding the timeline of Norwalk LA County' submission's--could you please  communicate/link it here?  I want to know the last day I can file a MIL and a trial brief.  

 

Thank You

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Norwalk deadline for MILs and trial briefs is generally day of trial, but it's advisable to get them in a few days in advance to give the judge time to read everything over.  That said, you should call the department to verify.

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Do NOT send a notice in lieu of subpoena. I lost because of that damn thing and got surprised at trial. Serve SUB-001 to the take it FIRST to the court to get stamped then take it to court services who will serve it for 35.00 OR have a process server do it.

 

Now that your pretrial freakout is over(happens to all of us usually 30 days out) read homeless in californias thread because he is top dog on smackdowns on a famous CA.

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Question 1:

 

CCP 96 Question and Clarification--Very important!  2 questions:

 

First;  It appears I need the CCP 96 Answer from the Plaintiff before I file a MIL or prepare my Trial Brief, so I know what is up.  Is that the proper order ? 

 

Second--The CCP 96 regards a statement that anything to be used for impeachment be it a witness or evidence need not be listed in a CCP response.  But what constitutes falling under impeachment ?

 

This whole case is about impeachment to me. The JDB are liars and have no standing.  So can anyone clarify what impeachment allows me NOT to tell in the CCP 96 Response?  Can I skip telling them I'll call their CCP 98 to court?  I hope so, because I plan to use his testimony to kill the case and I don't want to give them a heads up to my strategy that they are not expecting to occur.

 

 

Also, there is so much to state--how detailed do I have to be. I plan to use all of theirs and my entire discovery process, but do I have to describe all of that I just want to say all of the discovery correspondences between defendant and plaintiff.  Can I say refer to all of discovery correspondences, or do I have to recopy every document and send it to them again?   

 

And after reading the CCP 96, I feel like I have to warn them of everything I plan to bring up or else I can't bring it up in court? Is this true?  I mean if I want to walk in with my credit reports and show Unifund that the Citibank card they state I had is NOT on my credit report, I should be able to do so without giving them my financials ahead of time in the CCP 96. Why? Because I consider a credit report to be able to impeach their assertions as well.   What am I missing here. Am I making it too complicated. I just don't see how I can talk about anything and everything I want--meaning whatever it takes to win on the date in question, UNLESS I tell them I am going to talk about it and that denies me of the element of surprise.  Can anyone on here define the fine line I am walking.  Thanks.

 

Lastly, can I say I will call people as a witness and then not call them--because I changed my mind.   Do I have to do what I say I will do like call witnesses from my CCP 96 list when I no longer want to use that strategy or if I decided I was going to bring a credit report and then decided that strategy was a bad idea on the trial date and wanted to show up and say nope, don't have it--could I do that or would the Plaintiff, say nope--give us your credit report because you said you were using it as evidence?  Please advise and clarify.

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Question 2:

 

CCP 1987(b Vs. Subpeona Question-- What is the difference between using the CCP 1987 (b Notice To Appear to get a CCP 98 declarant to court or a subpoena? 

 

3 year sago I won a case against an OC by sending a CCP 1987-b to their affiant at the lawyer's office. I sent it in care of Moore Law Group per their instructions.  When I got to court--no witness showed, MLG asked for a continuance, I objected and said I want a dismissal and that I couldn't cross examine a piece of paper.  The judge said the CCP 98 was faulty and he dismissed the case. 

 

I was going to do that with this case yet there are several comments and  opinions throughout the forums that prefer a subpoena to be chosen over a CCP 1987-b and I'd like to know why it is recommend and what the difference is. There are way more experienced people on here than me and I admit I was going to use what worked for me in my first case, but can anyone tell me how that could backfire on me?  I do not understand why or how the subpoena trumps the CCP 1987-b.  How can it not be upheld in court?

 

To me, the JDB suing me has willfully stated to serve their declarant at their law offices, which I know is not the business or home address of the affiant--let alone does Unifund's employee live within 150 miles of the courthouse.  But why can't I send the CCP 1987(b?   Seadragon warned above that he lost with a CCP 1987-b--which is horrible..  But how is that possible?  Can anyone post an explanation or link to the answer of how a CCP 1987-b could be disregarded in court and why I must subpoena the witness instead?  To me in this particular case,  I don't get the difference between using one of the other. Isn't it the same things in the case of getting someone to show for court or get their testimony thrown out?  And if not, why did it work for me in my previous case? Thanks for answering.

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Question 3: I'm not saying it should be attempted but... Can I skip drawing up the Motion In Limine to not allow the contents of the CCP 98 prior to trial and just go to court and Motion For it Verbally?   Or the same thing for a trial brief--meaning I make my citation notes and know everything I need to know top to bottom and just go in and argue my case verbally.  I'm not saying it is the best way, but can it be done?  I think it would be allowed and that there are no rules against that type of "wing it" defense. 

 

I see great Motion In Limines and Trial Briefs on the forum.  Many of them include the exact same arguments.  The MIL seems as thorough as a trial brief and almost entirely similar, as each is a reiteration of the other.   I am considering writing only one of them and if so it would be the trial brief I suppose.  Can anyone confirm if a person can show up in person on the trial date and Motion In Limine  verbally ( for example to: to exclude a CCP 98, the BOP etc.)  I believe a person can show up to court and Motion In Limine in person .   

 

I have very limited time to do what I need to do on my case which is January 12, 2015 and I am weighing my options.  I am trying to win this case with the least time expended.  Between my brand new job, a very serious family member's illness and the holidays, I don't see how I can be as thorough as most of the people in this forum before my trial date regarding trial preparation via multiple court  filings for MILs, Trial Briefs etc..   It's my fault I didn't anticipate that I needed to be more ready/prepared to fight my case with the JDB.  I know the JDB doesn't have standing. I know their CCP 98 is faulty. To me the CCP98 should be the end of the case as it does not meet the requirements to be admitted as evidence and cannot be submitted for a variety of reasons and I know I can verbally argue that  competently given what I have learned on this site.   I feel this type of case is straight forward, because the case is very flawed.

 

Are there any thoughts as to this can be pulled off if time and family obligations do not permit me to prepare a case in writing as is customary and instead I am forced to verbally go into court and kick butt that way. 

 

What would Be the bare minimum I would have to oblige in order to pull off a successful "wing it" defense.  I do know I would have to mandate that the CCP 98 witness show up at court for starters. This would be crucial in winning the case.   Any thoughts about ability to win considering the above limitations would be appreciated.  In other words if you were me and you had to win your case, but you were seriously pressed for prep time to do so, what would you do--if you had to pick and choose?

 

Thanks,

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Question 1:

 

CCP 96 Question and Clarification--Very important!  2 questions:

 

First;  It appears I need the CCP 96 Answer from the Plaintiff before I file a MIL or prepare my Trial Brief, so I know what is up.  Is that the proper order ? 

 

Second--The CCP 96 regards a statement that anything to be used for impeachment be it a witness or evidence need not be listed in a CCP response.  But what constitutes falling under impeachment ?

 

This whole case is about impeachment to me. The JDB are liars and have no standing.  So can anyone clarify what impeachment allows me NOT to tell in the CCP 96 Response?  Can I skip telling them I'll call their CCP 98 to court?  I hope so, because I plan to use his testimony to kill the case and I don't want to give them a heads up to my strategy that they are not expecting to occur.

 

 

Also, there is so much to state--how detailed do I have to be. I plan to use all of theirs and my entire discovery process, but do I have to describe all of that I just want to say all of the discovery correspondences between defendant and plaintiff.  Can I say refer to all of discovery correspondences, or do I have to recopy every document and send it to them again?   

 

And after reading the CCP 96, I feel like I have to warn them of everything I plan to bring up or else I can't bring it up in court? Is this true?  I mean if I want to walk in with my credit reports and show Unifund that the Citibank card they state I had is NOT on my credit report, I should be able to do so without giving them my financials ahead of time in the CCP 96. Why? Because I consider a credit report to be able to impeach their assertions as well.   What am I missing here. Am I making it too complicated. I just don't see how I can talk about anything and everything I want--meaning whatever it takes to win on the date in question, UNLESS I tell them I am going to talk about it and that denies me of the element of surprise.  Can anyone on here define the fine line I am walking.  Thanks.

 

Lastly, can I say I will call people as a witness and then not call them--because I changed my mind.   Do I have to do what I say I will do like call witnesses from my CCP 96 list when I no longer want to use that strategy or if I decided I was going to bring a credit report and then decided that strategy was a bad idea on the trial date and wanted to show up and say nope, don't have it--could I do that or would the Plaintiff, say nope--give us your credit report because you said you were using it as evidence?  Please advise and clarify.

From my appeal in the Appellate division they specifically stated the witness is not a managing agent, owner, or party and was thus not required to comply with ccp1987(B). The court will say that you are surprising them at trial. Better to do all the right things then your righteous indignation will carry some weight under the" I have done all the right things so you must hold them to the higher standard." doctrine

 

 

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Question 3: I'm not saying it should be attempted but... Can I skip drawing up the Motion In Limine to not allow the contents of the CCP 98 prior to trial and just go to court and Motion For it Verbally?   Or the same thing for a trial brief--meaning I make my citation notes and know everything I need to know top to bottom and just go in and argue my case verbally.  I'm not saying it is the best way, but can it be done?  I think it would be allowed and that there are no rules against that type of "wing it" defense.  

 

 

It can be done and there are no rules against it. It's not advised. If you freeze in court or have trouble arguing you will already have your objections and arguments on record, and to an extent can "stand behind your pleadings".

An objection to evidence and testimony is still an objection even win it is heard for the first time orally in trial. It is riskier however, and many times the bottom feeders dismiss when they receive a copy of the trial brief and objections.

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Question 1:

 

CCP 96 Question and Clarification--Very important!  2 questions:

 

First;  It appears I need the CCP 96 Answer from the Plaintiff before I file a MIL or prepare my Trial Brief, so I know what is up.  Is that the proper order ? 

YES, you need to know what evidence they are going to admit so you can file a objection (motion to strike) the evidence. Usually you have to have your motions started and then last minute you have what you need from them. Sometimes you file stuff before subpoenas have been served, and if you have evidence from discovery you could file a motion to preclude it. If they haven't responded to your ccp 96 by the time the brief etc. is due; then they are probably late with the response and that actually becomes the objection (they should be precluded from entering evidence per ccp 97)

 

Second--The CCP 96 regards a statement that anything to be used for impeachment be it a witness or evidence need not be listed in a CCP response.  But what constitutes falling under impeachment ?

 

 

In a debt case such as these just about anything you may have can be used. Anything they produce or call as a witness is fair game (and need not be mentioned). If they say something is a fact and you have a document that shows that is not true, then you may use that for impeachment purposes. If they object on hearsay, then you argue that it is not being used to show the truth in the matter asserted, but rather the matter is not true and you are using it to impeach their evidence or testimony etc.

If you have a witness of your own  you want to call (unlikely) I would list the witness, but the code doesn't call for it. You can cross examine any witness they call. If you feel you really need your credit report and it helps you it might be safer to list it. You can list it and not use it, but you cannot stop them from using it against you (if they feel it helps them). You could probably get it in without listing it, but you may need to be able to argue "impeachment" well.

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The OP has never heard of back dating documents? put regular stamps or get a friend to take it first thing Monday to the post office and dump it in the mail box. Just saying that it was due to be mailed Friday that gives 5 days for mailing just date the docs for Thursday Dec. 11th and get it in the mailbox at the post office tonight or early tomorrow morning.

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you will already have your objections and arguments on record, and to an extent can "stand behind your pleadings".

 

This important; you will not likely have a court reporter unless you bring your own.  If you need to appeal, your objections will have to be on record and that's much easier to assure if you've filed written objections and a trial brief.  

 

Download documents filed by others and edit them to your case - no need to reinvent.

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