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You asked, "How binding are the decisions in pre-trial.........."
Pre-trial conferences are attempts to settle cases so that they do not have to go to trial. As such, if the Judge does not enter an Order, it is not binding on any of the parties. I wish I could tell you otherwise, but I have an ethical obligation to give you only correct Answers.
What I would do if I were in your position would be to have your lawyer draft a proposed order and send it to the Judge with a cover letter (and copies to the opposing side) and I would state in the cover letter, something like, "Purusuant to the pre-trial conference held on _______ _______ , 2013 in which your Honor awarded the property located at ________________ , enclosed please find a proposed Order for your review and signature, etc.
This way you will know exactly where you stand and you can plan your steps accordingly,
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i am pro se
I am pro Se can I do the same?. Its been 3 years and when I had mentioned I might get another lawyer if my wife does not comply with her discovery etc.He shot me a look like dont you dare, with a comment you have been pro Se for most of this case. She has been caught lying and things are now on track again. So I can do the same letter I am very adept at motions and orders, and the judge has had enough. thanks
This is not your average case, I came on and off the site and read the supreme court rulings, draft and propose motions, and have done better on my own. Resolved 2 contempt charges,and in his favor it appears/ so I cannot postpone the trial. I want the trial I have nothing to loose.3 pretrials in 5 weeks and no pre conference hearings no case management etc since the start of this trial in june 2010 Just $$$ Im tapped this says it all.
Hi, James, Please accept my apology for the delay. The site has been experiencing some technical problems.
In Answer to your question, Yes, by all means, you certainly may do it yourself. Draft a proposed Order for the Judge to sign and send it with a cover letter along the lines of what I suggested in my previous Answer. Be sure to send a copy both the proposed Order and the cover letter to the opposing counsel,
They tried to pull an emergency motion but I got wind of it. I called them and he did not deny that he was doing one it was not for today. He swore on speaker phone when I called them on it witht my accounts manager present. But its on the docket, its so illegal is ludicrous but that is how it is here.In 100 days they have filed 2 emergency motions and now this would be a 3rd. Fridays are trials only today no motions but who can tell, So i intend to show up at 900 , haven't slept but this is coming down to the wire
My question is, Do I mail the letter or can I bring it to the courthouse and give it to his clerk or down in the clerks office etc..
Hi, James, and Welcome back to JustAnswer,
In Answer to your new question, yes, you may bring the letter with you. Have copies of the letter and the proposed Order, file the originals with the Court Clelrk and have him or her "time-stamp" all copies. Then you can serve it on opposing counsel right then and there,
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