Hi and welcome back.It is my pleasure to assist you tonight.
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.
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.
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.
So it could be dismissed at the hearing on the motion to compel?
Yes here the court should hear the dismissal motion first.
I hope you prevail as you may have good facts to do so.
He admitted he does not have the original loan document to me. So I hope. What should I do to prepare?
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.
By making some notes you can always read it into the record if you get nervous.
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?
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.
It never hurts to write out your points sometimes judge asks you questions and you get off task.Lawyers do it as well.
Good luck here.
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.
No problem.Have a great weekend.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).