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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am the plantiff (Pro Se)in an auto accident case ( insurance

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I am the plantiff (Pro Se)in an auto accident case ( insurance company refused to pay- I had to sue the policy holder in small claims) that has been appealed to Superior Court (Ga.). Trail week starts Nov. 8, the judge has stated that he wants pretrial orders filed by today. Is there a sample form or can you advise me what I should include in this?
Thanks, XXXXX XXXXX
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.
Hello Doug,



Thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Well this depends. DO you have any pre-trial motions that you wish to seek, or are you asking what IS this stage and how you can benefit from it?



Customer: replied 3 years ago.
I am ready for trial (I guess) but need to know how to file this( content, etc.)/
Expert:  Ely replied 3 years ago.
Pre-trial is simply for motions for things that are to be addressed prior to trial, minute details, etc. Most pro se litigants such as yourself generally do not bother with any motions. Here is a sample:http://forms.justia.com/georgia/local-county/fulton/superior-court/proposed-pre-trial-order-3563.htmlIt's for family court, but I think you have an idea. All you have to do is to show up if you have nothing to file, say that you do not have any pretrial motions and that you are READY FOR TRIAL ON THE MERITS. The Court will then set a date for the trial and dismiss you and the other party.

I'm here if you need any more clarification or follow up information.



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There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



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Customer: replied 3 years ago.
So do I just call the Judges Office and tell them I have nothing to file?
Expert:  Ely replied 3 years ago.
Yes, and then ask if they still require you to show up on pretrial date (they likely will say 'yes'). Explain to the clerk that you have 'no motions in limine to file, nor any proposed orders.'

I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 3 years ago.
His sec. informs me that I should file something, says this is a guide as to how the trial should go.
Expert:  Ely replied 3 years ago.
Indeed - it is a SUGGESTION as to rules of procedure for trial. However, unless this is a very complex case, you really do not need any specialized rules and ordinary rules of procedure should apply. There really is no need to complicate it further.Let me explain. Say this was a question about who is responsible for medical malpractice, and you wish to ask the court to pre-certify certain evidence from surgery as authentic without the other side objecting so as not to do this at the trial itself, so you would settle this during pretrial. Also, say you have a witness who needs a translator. You seek certification of the translator at pretrial. Now you CAN use pretrial for asking the Court for more mundane things and procedure modifications and suggestions, but in most cases, this is not necessary. The court is not 'commanding' you to file anything, but simply informing you that if you should wish to do so, now is the time.

I'm here if you need any more clarification or follow up information.



I hope you found my answer helpful, and if so please click on the ACCEPT button. This is the only way for me to get credit for my work - when you put in your payment information, I receive no credit for my time with you unless you press ACCEPT.



There is no fee for follow up questions should you wish to continue in this thread.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



If you feel that I went an extra step to help, a bonus would be appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to begin the question with “This Question is for Eli…”














Customer: replied 3 years ago.

OK< I think I understand - just didn't want to tic His Honor before I got started.

 

Thanks, Doug

Expert:  Ely replied 3 years ago.
Oh absolutely - I understand, but DO call the clerk to confirm that you have nothing to file. Good luck, and please don't forget to press ACCEPT - it's the only way I get credit for my time with you. :)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 87190
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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