Can I file a motion to have the case stricken ? I am the Defendant in a Civil Case of unjust enrichment, The matter came before the Court for Calendar Call December 14, 2012, but I fail to appeal for reasons due to health situation..Pursuant to the judge's instruction at calendar Call, Plaintiff's counsel was ordered to file a Unilateral Pretrial Statement within ten (10) days of the date of the Order, with a courtesy copy to Defendants and the Court. The initial order setting non-jury trial had set the calendar call to above date, and the UNIFORM TRIAL PROCEDURE. Plaintiff's counsel , as per this document, is deficient for not having organized a mediation, communicate exhibits and not having organized to prepare a pre-Trial stipulation. His Unilateral Pretrial Statement is 90% objectionable too.. The non Jury trial hearing is set for Jan 8th 2013
Hi Lucy, thank you for your reply and the exact term, Motion for Sanctions sounds fine but what is going to be the outcome and more specially the request ? Should I ask a Case Management conference to be scheduled, and a mediation,. Also, a count of Plaintiff's claim is subject to motion for summary judgment, How does this all combine together ?Are you familiar with the Florida Rules of Civil Procedures ? When you say "your option is to file your own pretrial statement setting forth your version of events", the court order stipulates :
STATEMENTS ARE DISALLOWED, UNLESS APPROVED BY THE COURTIt's my understanding that I should therefore file a motion to leave to file an unilateral pretrilal statement ?
STATEMENTS ARE DISALLOWED, UNLESS APPROVED BY THE COURTIt's my understanding that I should therefore file a motion to leave to file an unilateral pretrilal statement ? The order specifies :
F. FILING OF PRE-TRIAL STIPULATION
. Failure to file the Pre-Trial Stipulation or a Court
Approved Unilateral Stipulation as above provided may result in the case being stricken from the
Court's calendar at its sounding or other sanctions.
Hey Lucy, sounds like your advices are very cool ! I get the picture, I'd be Ok to pay you a second time with a new further question as I appreciate your time, how can I make sure it's going to be you and how can we organize that? My second question is the continutation : the hearing is set for jan 8th, leaves little time, but assuming I file The Motion to Leave to File Unitlateral Pretrial Statement, and I explain the deficiencies in detail, can I also object to the Unilateral Pretrial Statement of my opponent in that same motion ?
How can I ask you further questions tomorrow? I really appreciate your to the point and excellent advices ? I can pay for a second "round"
For Lucy:Hi Lucy,After having reviewed all my options, I am now looking at first filing a
MOTION FOR CONTINUANCE OF HEARING OR TRIAL, due to shortage of time. I am asking the judge to reset a calendar call, in the expectation that this will allow to go through the Unifrom pretrial procedure again without skipping essential parts for my defense, such as stipulations and exhibits matters.Am I correct in beleiving this ? Please advise.I prepared the doc and will have it verified by some legal services downtown now.My second question is the following : should I add a certificate of service at the end, to service to Plaintiff's counsel by email ?
Thank you Lucy for your very good advices. I have an appointment with a Legal Service in 2 hours to review the document below, can you have a quick look at it and tell me your opinion :
MOTION FOR CONTINUANCE OF HEARING OR TRIAL
Defendant, (.... me), Self-represented, respectfully XXXXX XXXXX continuance in this matter due to the following circumstances and reasons:I. CIRCUMSTANCES:
This January ___, 2013. Respectfully Submitted:___________________________________cxxxxDefendant, Self-representedadress and emailCERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by electronic mail to: - Paintiff's counsel - other defendant
Ok, np. How can we do that otherwise - if you are interested ?
Hi Lucy,Sorry I could not come back any quicker but i have been busy with the case.I need to ask you a few more questions, is it OK ?Let me know if I can post here or if I need to open a new question. Thank you
Trying to figure out how to close this question...
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