Sorry I rated by mistake. instead of clicking on reply to expert and I ignore what i have been clicking onYou write : you would need leave of court to amend the deemed motion. Thank you for the info. My feeling is that 100% the judge does not want to hear what I am going to submit.So I am looking at everything from the appeal point of view. I intend to appeal on the final judgment AND on some of the non-final orders of the court.As explained, in view to argue about the necessity of a new trial, I have gathered some witnesses that signed sworn affidavits.These are describing the condition of the property and the house, and they prove the importance of the works done. They also prove that there was no back-rents due.They contradict totally the findings of the new judgment based on Plaintiff's allegations entirely, and show a situation of mistrial.I understand these could have organized earlier in theory, with the exception of some new evidence.The objection is that this could have been brought to the attention of the Court earlier,I agree in theory. In reality, I was hospitalized overseas and under radiations, after the case had been dismissed initially with leave to amend within 20 days. When I took the decision to get hospitalized for a long treatment under radiations, it was 3 months after the 20 days. I was in the belief that the case was over and it was vital for me to get treated.Form there on, I was not available to my counsel during the process and he made some major mistakes too. Finally he withdrew 3 weeks before the calendar call hearing without explaining me what were the consequences. I had opposed to his withdrawal by email.I was unaware that I had to go to the hearing of his withdrawal and as of what i should have done there.My ex counsel did not inform me about the transitions. He did not tell me that there was a calendar call hearing that it was vital for me to prepare and assist to. Same for the depositions, witnesses,, the evidences, the pre-trial statement, and all these processes.They were mistakenly skipped and, instead, the judge set the hearing to the first day it was scheduled on the order setting non jury trial
.The trial hearing could have been scheduled in March, leaving me some leeway to organize the above.Especially when my counsel withdrew 6 weeks before the trial hearing, and 2 weeks before the calendar call hearing.This explains why, in my New Trial motion I could not come up with all the facts that I could gather now.So it all come down to this point, which is my question :Today i have new material and arguments to sustain my new trial motion.Should I not file a motion to reconsider, because a new Trial is really a necessity here ?Or should I use my evidence to argue that the plaintiff defrauded the Court by not producing evidences that he should have produced , but that I had no time to argue about at the trial hearing, which created a mistrial situation ?