Hello Elizabeth, Thank you for the detailed answers. Very helpful and ressuring. I have few more follow up questions, if you be kind enough to answer.
1.Will I need to educate myself about everything related to my bankruptcy file and my knowledge of teh adversary matter? since I assume the plaintiff attorney may use info randomly to trick me into an answer which I may fumble upon?
2.Am I allowed to say I have no knowledge of that matter at the moment and will be able to look and follow up? What if I cant recall every single detail of my file or of the lengthy documentation exchanged in the adversary process?
3.What really may happen If I make a mistake?
4.Will this also mean I can bring in evidence and witness to the best of my knowledge?
5.Is the oppsition allowed to ask for a jury trial? They have been trying to create bad press for me earlier in this case and I am afraid their motive all along was to get a jury trial which I understand does not happen in a bankruptcy court.
This though is an adversary matter, and my discharge was already granted last year, I am unsure of few things. Where will I be able to see videos of actual such or similar case proceedings, and where can I see common mistakes people do and tips for better and well prepared representation. I ask of you as I think you may have seen better resources that what I can google online.
Thank you for your help here.
I missed out another question.
The court had asked for mediation and while there was an attorney recommended, the mediation is scheduled for Aug29.
Now that I might not have an attorney and that I cant afford to pay the mediator, what are my available options.
I can ask if the attorney can mediate for no cost, but what happens if he declines? Will I have to give him notice about this? Will that mediation get pushed? The emergency motion to withdraw hearing is tomorrow.
1. Yes, you should know everything in your file. Make sure to bring it with you court, along with copies of anything you will want to show as evidence and give to the Judge or opposing counsel.
2. If you can't recall something, simply state "I can not recall." That is an acceptable answer. If they ask regarding a specific document, state that "the document speaks for itself and I refer you to examine it."
3. This depends on the mistake. If you try and introduce evidence not previously every discussed or produced in discovery, the Judge will merely keep the evidence out. There is no Jury. The judge will already understand the case and will merely be looking at you during trial to see if there is something he is unaware of. This is your time to plead your case to the Judge. Be sincere, honest and explain your position clearly. Practice what you plan to tell the Judge (your mini speech) to a friend or family member. You may only get 30 seconds for your opening or closing statements, so make it short and to the point. Write it out and bring it with you, as well.
4. You should already have a list prepared of who you plan to call at trial to ask questions. Have the questions you plan to ask the creditor written out. Bring all the documents with you, and make copies of those you actually plan to use. For example, a copy of bill should be copied 3 times, if you wish to discuss it so you can give a copy to opposing counsel and the trustee and the Judge. You will keep the original to look at yourself. If you wish to show the Judge something, always state first "May I approach the bench, your honor?" Be respectful and never do anything without the Judge's permission. He will tell you when you may speak or he will ask you questions directly.
5. Jury trials are only permitted if both sides agree or if there is some issue of fact that exceeds the bounds of the bankruptcy judge. Therefore, in your situation there will be no jury trial even if the creditor would like one.
6. Watching an adversary proceeding would be a great idea, if you can find one. They are not publicly advertised; however, if you go to the Bankruptcy Court house and go to the area outside the Judge's court rooms they will have a list of all the proceedings happening each day. You can check through the paper list (or the electronic docket - if their court house has upgraded--it is a little computer podium) and see if anyone has an adversary proceeding trial. You may luck out and find that one is happening that day. If you do attend, show up at least 20-30 minutes early and when you go in the court room explain to the court clerk before the judge comes out and ask if it is ok if you observe and that you are merely trying to learn. You may want to ask any lawyers there too, so they don't eject you. Make sure to where a suit, as well. Federal Judges do not like people wearing street clothes in their courtrooms. If they say it is ok, just be polite, quiet, and sit in the back.
Consult with your attorney about the mediation issue. If the mediator has already been paid for and scheduled, you are required to attend. If it was agreed to and scheduled, you will be required to pay for half of the mediator's fees. If it has not be scheduled, explain to the opposing counseling you need to cancel it, or ask if they can cover the full amount of the fees.
I hope my answer has assisted you and that you will leave me a positive rating!
Re: Mediation, It was scheduled but hasnt been paid, I will ask the opposing counsel to pay if they can.
The plaintiff also asked for a second deposition and scheduled it for the 30th. I am not comfortable for a second deposition and I would like to know my options and If I can ask them to get their questions answered during trial?
Now that my attorney is withdrawing, will I also get 30days to find another attorney? WIll that help me avoid second deposition?
I do have further questions, I will follow up on them tomorrow.
Have a good night after this.
Hello Elizabeth, Back with this matter, w few additional Q's
Continuing with the bankruptcy matter, as I told you an adversary was filed in beforeI got my discharge. Initially I responded to it, and later I hired an attorney. The matter had continued through depositions and motions and paperwork back and forth. There is a mediation that was ordered by court (see attachment) which is scheduled for Aug29. I wasnt able to afford keeping my attorney and paying his fees so he filed an emergency motion to withdraw which was granted last week. During my first deposition, I had raised the fifth due to a possible criminal self incrimination. The two year statute for the possible misdemeanor expired in July last month, however I am afraid that during deposition the plaintiff attorney can try to get me in another criminal matter that I am not even aware of. He had asked for a second deposition and that is also granted here in the motion (which my attorney didnt discuss with me) Now here are my questions
1.I am not in a position to pay for mediation. I responded to the mediator and the plaintiffs attorney after my attorney had withdrawn from the case, the plaintiff's attorney has not responded yet and the mediator said he will not continue the mediation without a 50% deposit.I called the judicial assistant and she said as I was ordered for mediation I have to do it, and asked me to consider speaking to mediator of filling some kind of motion or looking up forms for legal assistance. What are my options now? WIth just 3 days in between what is my best option? How can I request the court to ask plaintiffs attorney to pay for mediation?
2.I was advised on this forum to maintain my right to the 5th, how can I assert that right if the court order says NO, Can I still assert it and say there are other criminal self incrimination likelihood? Whats my best option to use the 5th?
3.In the order, it asks for the deposition to be done before Aug20. With the fact that my attorney just withdrew, How can I ask for the deposition to be postponed to give me time to hire an attorney? I dont think the plaintiff attorney will be OK with that, plus trial date is set for Sep29 4.If I have to file any motion or affidavit with the court, what will be the gist of that filling?
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