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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Before a presiding judge i won an exception to a ruling by

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Before a presiding judge, I won the "exception"  to a ruling made  by the magistrate. The judge called the 3rd of "3 agreed contracts"  the controlling agreement , later the magistrate calls this hearsay.

You say controlling order and controlling agreement. Which one do you mean?
Customer: replied 3 years ago.

the attoenys mediated, the 2001 Agreement was signed the by the parties it specified it superceded all prior agreements , this agrment was also described in a court order by th e presiding judge in 2001 .

Ok, and the magistrate is calling the controlling contract hearsay?

This means that you need to establish the authenticity of the contract document.

You need to contact the mediator and ask him to sign a business records affidavit attaching a copy of the mediation agreement so that you can establish its authenticity and establish an exception to the hearsay rule.
Customer: replied 3 years ago.

No , i confused you . when I SAID to the magistrate that "THE JUdGE CALLED THe 3RD ORDER THE CONTROlLING ORDeR, the magistrate repied hearsay. I wish to know why the judge names the agreement- & its .order the controlling contract-order, nothing deeper in the question.

I can understand the judge did not put her words in writing , There is no transcript for the exceptions hearing, thus hearsay i get, but how I can get the magistrate to think like the judge is my mission thus asking herewith ok?

The judge meant that the last order is controlling because it amends all the other orders and is the final word.

So what you need to be able to express to the magistrate is that the final expression of the parties agreement was in the 3rd order, and that since it is the last in time, to the extent the prior orders conflict with the 3rd order, the 3rd order controls.
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