Just Me Asking

No Discovery - Going To Trial

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Asking for a coworker.

Question:  1st attorney did not get or do discovery, and summary judgment was granted against defendant. Defendant hired 2nd attorney and got the judgment vacated. Time has passed and judge agreed that defendant cannot ask for discovery due to fault of 1st attorney & time limit.  Now it is time for trial.  So my question is, what ammunition if any, can defendant use to help fight his claim besides forcing the burden of proof back onto the plaintiff. Any suggestions would be helpful. 

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12 hours ago, Just Me Asking said:

Anything? Anyone?  7 views & nothing?  Hmmm...... anything would be helpful 

We know absolutely NOTHING about this case and you want suggestions?  How?  A trial is not about throwing anything and everything at the wall and seeing what sticks.  You have to have a legal basis for your defenses, objections and arguments.  

The only thing I can think of is to object to their documents as hearsay and if they produce little or no documentation defend based on it not being sufficient evidence there is even a debt for them to collect on.

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at a trial against a credit card company usually the best route is to attack the affiants knowledge and argue that they have not laid a proper foundation to get the business records admitted; if they can't get the records admitted then they have not sufficiently proved their case.

Strategy works much better against JDB's because the witness will almost never have knowledge of original creditors record keeping procedures; but who knows against a OC

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59 minutes ago, Just Me Asking said:

Okay, I hear you Clydesmom so, I simply told my co-worker that maybe he should just come onto this site and post his questions.  I do not have full knowledge of his situation.  Thanks People!

While it's good of you to attempt to help your friend, it could become very burdensome for you if you have to go back and forth between the site and your friend in order to obtain information.   That also allows for information to be misunderstood.

Hopefully, your friend will visit this site.  

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