How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ray Your Own Question

Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 30156
Experience:  29 years in civil, probate, real estate, elder law
8534270
Type Your Legal Question Here...
Ray is online now
A new question is answered every 9 seconds

Trial Procedure Questions. I am a pro se Plaintiff in a County

Resolved Question:

Trial Procedure Questions. I am a pro se Plaintiff in a County Court case and getting ready to go to a pretrial conference. The judge ordered the conference after a dispute over a motion i filed to amend my complaint. However, a pretrial conference seems necessary anyway to deal with misc issues before trial, i.e., request for discovery, limitations on the issues, exhibits, etc.

My question is about the process. Can you explain to proper way for me to raise issues that I have, request discovery, ask questions and argue mu position with the disputed motion?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

RayAnswers :

Thanks for your question and good morning.

RayAnswers :

You should make sure that any motions that you have here are filed prior to the pretrial conference so that they may be heard and disposed of .

RayAnswers :

If you have discovery here you intend to file say interrogatories--written questions to the other side, Motion for production of documents to produce documents needed by you from the other side you need to go on and file that.

RayAnswers :

The court would then set a deadline for responses and any supplemental discovery.In general these conferences are a way to see what is pending that needs resolution, how much additional time is needed before trial, and to resolve anything pending such as motions , etc.Overall the court should set a hearing date for trial and cut off dates for discovery.The idea being discovery ends here there is some time to review and then prepare for trial.

RayAnswers :

In my mind it is like half time, to go over whats pending and needs ruling or other resolution,, what else is needed, and then deadlines and a trial setting.

RayAnswers :

These are meant to be somewhat informal meetings overall to discuss the procedural issues that remain, to see if there is any agreement or stipulations, and then to resolve any motions and set out deadlines for discovery and a trial date.

RayAnswers :

The overall idea here is to move along the suit towards trial and deal with any pending issues such that both sides and the judge are all on the same page.

RayAnswers :

Here are the Colorado Rules of Procedure for county courts that cover these kinds of issues..

RayAnswers :

COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE
CHAPTER 25 COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE



C.R.C.P. 316 (2013)
Rule 316. Pretrial Procedure -- Disclosure and Conference.

(a) Disclosure Statement.

(1) At any time after the answer is filed but no later than 21 days before trial, a party may request from an opposing party a list of witnesses who may be called at trial, and copies of documents and pictures, and a description of physical evidence which may be used at trial. Such request shall be made by serving pursuant to C.R.C.P. 305 a blank disclosure statement, which shall be in the form and content of Appendix to Chapter 25, Form 9, on the opposing party and shall be accompanied by the requesting party's properly completed Form 9 and its attachments. The opposing party shall serve pursuant to C.R.C.P. 305 a completed Form 9 with attachments on the requesting party within 21 days after service but not less than 7 days before trial. The court may shorten or extend that time. A party may not supplement the disclosure statement except for good cause.

(2) The court may order the parties to exchange and file Form 9 disclosure statements at any time before trial.

(3) Any party failing to respond in good faith to a Form 9 request or court order under this subsection (a) shall be subject to imposition of appropriate sanctions at the time of trial.

(b) Pretrial Conferences. Prior to trial, the court may in its discretion and upon reasonable notice order a pretrial conference. Conferences by telephone are encouraged. Following a pretrial conference, the court may issue an order which may include limitations on the issues to be raised and the witnesses and exhibits to be allowed at trial, entry of judgment, or dismissal, if appropriate. Failure to appear at a pretrial conference may result in appropriate sanctions, including an award of attorney's fees and expenses incurred by the appearing party.

(c) Pretrial Discovery. If a pretrial conference is held, any party may request that discovery be permitted to assist in the preparation for trial. The request shall be made only during the conference. The discovery may include depositions, requests for admission, interrogatories, physical or mental examinations, or requests for production or inspection. If the court enters a discovery order, it shall set forth the extent and terms of the discovery as well as the time for compliance. If the court fails to specify any term, then the provisions of C.R.C.P. 30, 32, 33, 34, 35, and 36 shall be followed as to the missing term.

(d) Resolution of Disputes. All issues regarding discovery shall be resolved during the conference. No party shall be entitled to seek protective orders following the conference. Unless otherwise ordered by the court, a dispute over compliance with the discovery order shall be resolved at the time of trial, and the court may impose appropriate sanctions, including attorney's fees and costs, against the non-complying party.

(e) Juror Notebooks. The court may order the use of juror notebooks. If notebooks are to be used, counsel for each party shall confer about items to be included in juror notebooks and at the pretrial conference or other date set by the court make a joint submission to the court of items to be included in the juror notebook.

RayAnswers :

As you can see under item b here they cover such pretrial conferences and what will be involved here.

RayAnswers :

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


 


 


 


 


 


 


 


 


 


 


 





 


 


 


 


 


 


 


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.


RayAnswers :

As a summary the court would hear all the motions pending here that you or the other side have filed.If it is your motion you have the burden of proof so you argue first.You would address the judge as to what your motion is asking for and why it is needed here-- say a motion to produce documents you need them for trial, they are relevant or calculated to lead to relevant documents, etc.The other side if they have opposition would respond and then the court would rule on your motion.Only those motions that are disputed would be heard otherwise the court grants them.

RayAnswers :

And the court will then get into the other items I set out above.These are somewhat informal proceedings as the court may have questions for each side and try to narrow any disputed items.

RayAnswers :

Thanks again for letting me help you today.Let me know if you have more follow up.Thanks.

Ray, Lawyer
Category: Legal
Satisfied Customers: 30156
Experience: 29 years in civil, probate, real estate, elder law
Ray and 7 other Legal Specialists are ready to help you
Expert:  Ray replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

I do want interrogatories and admissions. What do you mean in your reply about discovery "go on an file that" I thought that the judge had to order discovery in county court based upon a request of a party? Do I need to prepare a document to request discovery or do I just ask in person at the pretrial.


 


 


To argue my motion, I already file a detailed reply to their opposition to my motion so there is not much to say that has not already been written in the reply. So do I just go through my argument again in person?


 


Also, in District Court the rules state who is the "responsible attorney" In county court rules I do not see this term. My opponent has an attorney but I am the plaintiff so if this was district court then they would have to be the "responsible attorney". How does this work in County Court?


 


 


 


 


 


 

Expert:  Ray replied 1 year ago.
Thanks for your follow up.


I do want interrogatories and admissions. What do you mean in your reply about discovery "go on an file that" I thought that the judge had to order discovery in county court based upon a request of a party? Do I need to prepare a document to request discovery or do I just ask in person at the pretrial.


You are allowed civil discovery here without an order to do so.You can file your interrogatories or motion to produce documents.Only if there is objection does the court hear those.Otherwise the other side has to answer here or produce them.You can do this now to see if there are any objections or it is other wise disputed or you get what you asked for.


 


 


To argue my motion, I already file a detailed reply to their opposition to my motion so there is not much to say that has not already been written in the reply. So do I just go through my argument again in person?



Yes you summarize it thats about it and reference that you have set it out in your motion and response.

 


Also, in District Court the rules state who is the "responsible attorney" In county court rules I do not see this term. My opponent has an attorney but I am the plaintiff so if this was district court then they would have to be the "responsible attorney". How does this work in County Court?

 

Motions wise you are the movant, the other side here is the respondent to your motions, otherwise they are called the defendant.If they file a motion here they are the movant and you the respondent.This merely allows the court to see how has filed something because they go first and have burden to show something is needed or granted.Their lawyer is the defendant's attorney in all of this or respondent's attorney, etc.

 

The court can sort it all out and you will not be penalized as a pro se if you make a mistake in naming them the judge can figure it out.

 

I wish you good luck here with all of this, thanks for your patience.



















JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
Ray
Ray
Lawyer
30156 Satisfied Customers
29 years in civil, probate, real estate, elder law