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Thank you for the detailed answers, they are always helpful.
Here are additional questions in follow up of above:
1.Is it the burden of plaintiff or defendant to ask for that PTC? Being the defendant, Is it better held later or earlier? Is there a certain timeframe under which this has to be held? I say this as he (plaintiff) hasnt asked for it yet, and it was just this past monday when I told him I cannot accept his offer for settlement.
2.Since I dont have a knowledge of PTC I will assume its not filed in, so that will give me time to prepare my witnesses and exhibits?
3.What happens if he disagrees to prepare the PTC?
4.So my understanding is that after PTC records are submitted, we narrow down what disagreements we have and only focus on them in the court? Can the plaintiff trick me of this assumption and play around with that?
5.What happens if a certain witness he had earlier doesnt wanna come to the hearing?
6. How do I subpeopna witnesses for my case?
7. Will their clients be neeeded to be in the trial? He (atttorney) said, that is not needed, as they live outside of US, but I researched elsewhere and it said the plaintiff has to be there. How can I ask for dismissal if the plaintiff dont make it to the trial?
Sorry a lot of questions on my mind, appreciate your patience and help!
The date on Sep23 is the FINAL HEARING (Trial) and I havent heard from the opposing counsel so I am making my own PTC order. Few questions:
1.The only witnesses I planned to cross examine were the Plaintiffs, however the opposing counsel indicated that they will not be able to fly in to US die to flight costs and that he plans to use their video deposition. Now I cannot ask questions to then if they are not coming in? How can I file a motion with the court so that they have to be physically present of dismiss the case for whatever reason I can use under the book of law
2. If they do not come in and we go to trial, Can I list what my defenses are, how will the plaintiff answer to those? and how can I use this to my advantage if the plaintiffs dont even care to show up for their case?
1.I am not sure myself when was the PTC? I see a witness list was provided, But I am waiting on access to Pacer, I am pretty sure the order wasnt filed for a PTC. I will also be calling the judicial assistant in a few.
2,The attorney did not submit a request in the court, he just informed me about this yesterday when I called him to let him know about the subpeona sent for service.
3.There are no due dates anymore, the trial is scheduled for Sep23 @ 9am and my previous counsel has given me all paperwork that he had.
4.I will be talking to a local Legal help attorney at the court tomorrow, But I feel if I know my options I can better address this questions as time is limited and I am prepared to face ProSe this monday.
5.My biggest concern is under these circumstances, do I have to file a motion to make the plaintiff appear? Since there is no earlier order in this regards, how can I ask for their appearance or ask for dismissal? or what other options I can have?
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