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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 40157
Experience:  30 years in civil, probate, real estate, elder law
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I have turned in a motion to dismiss on my summary judgement

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I have turned in a motion to dismiss on my summary judgement on a foreclosure. The judge set it to trial.
I have turned in a motion to compel evidence. They set this for a hearing. Why would it be set for hearing? This does not make sense to me.

Ray :

Hi and welcome back.It is my pleasure to assist you tonight.

Ray :

You may want to check with the court clerk.My guess is that they are setting these for oral arguments rather than a trial on the merits.You can confirm that this is a motion setting to hear your arguments in support of your motion.

Ray :

As you state you have a right to have court rule on discovery and dismissal prior to any full hearing on the merits of the suit.Assuming that is the case this would be your case to set out your need for the original documents and that you should be granted dismissal under your facts in your motion.

Ray :

This would be the normal process to hear any pretrial motions to see if a hearing is necessary or not.Hopefully you will prevail and case gets dismissed.

Customer:

So it could be dismissed at the hearing on the motion to compel?

Ray :

Yes here the court should hear the dismissal motion first.

Ray :

I hope you prevail as you may have good facts to do so.

Customer:

He admitted he does not have the original loan document to me. So I hope. What should I do to prepare?

Ray :

Try to make notes to go over the things you set out in the motion and how critical the original is here.Any copy would be suspect and he likely cannot authenticate it.

Ray :

By making some notes you can always read it into the record if you get nervous.

Customer:

Okay. I do get very nervous and have a hard time thinking on my feet. I am sure I will be in contact before then. But basically I need to verbally summarize why I am entitled to the discovery, correct?

Ray :

Yes and why it is critical to your defense of the suit as well.And any copy here would be unreliable and not good evidence here.

Ray :

It never hurts to write out your points sometimes judge asks you questions and you get off task.Lawyers do it as well.

Ray :

Good luck here.

Customer:

I was truly hoping she would dismiss it based on my arguments. I will be in contact once I prepare some stuff. Thank you so much.

Ray :

No problem.Have a great weekend.

Customer:

you too.

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