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Question

My name is Kristine and I need help filling out my Pre-Trial statement. We are the Plaintiff against our neighbors for vandalism and don't understand what answers the form wants. Below are the questions we need help on. We are out of Monroe, MI. "Issues to be decided:) "Be specific and state issue in full) LAW: FACT: 2) Pleasdings Satisfactory: YES________ NO:______ (If "NO" state what amendments are desired) 3) Stipulations, admissions and waivers: (Ownership and operation;statutes or ordinances pleaded;reasonableness and casual connection or items of damage etc.) 4)Motions to be disposed of prior to trial: (Motion and Brief MUST be filed on or before pre-trial dates) 5) Medical Examinations: Our answer would be NO but then it says (If "NO", state what is necessary and why it is not yet competed)- What would we say here? 6) Estimated time of Trial:______ Do we just put what is best for us? 7)I also have a couple more questions but ran out of room. thxs

Submitted: 27 days and 8 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Posted by D. WINOGO ESQ. 27 days and 8 hours ago.

Answer

If there are no issues left out on the complaint and the defendant's answer to the complaint, then your response to #1 would be Yes. #3you would write down the specific code or law that you are claiming your neighbors violated. For example, if your municipality has a law against a specific type of action that would constitute vandalism, then you would write that in. You also need ot write in how your claimed damages are connected. For example, You are seeking this much money because the neighbors tore down our fence which cost this much to be replaced. #4 Write none unless you or the defendant have filed a motion for summary judgment. #5 Write no, and write in any items of discovery that you have asked for from the defendant that they have not provided. If none, write in that discovery is complete. #6 Write in 3 days.

27 days and 8 hours ago.

Reply

We have the 1st question as "Issues to be decided:" LAW:

FACT:

Is this where we put the code and how what they did pertain to the code? How do we find the code? It was for a minor damaging our siding on house and garage.

 

How would we know if they filed for a motion of summary judgement?

 

The discovery that we would have asked for would that mean when we asked for them to pay for the damages and they agreed then didn't pay for them?

 

Under Medical Examinations: We put "Discovery is Complete"?

 

Then we have the following 2 questions:

"Plaintiff offers to take in full settlement of the case as follows:" What do we put here?

 

"Defendant offers to take in full settlement of the case as follows:" Do we put anything here?

Posted by D. WINOGO ESQ. 27 days and 7 hours ago.

Answer

No. Under Issues if Law/Fact: All you need to do is write how and when the neighbors damaged your property through negligence. Since you wrote initially that they had committed an act of vandalism, then I assumed there would be a specific statute in place. This however is a simple negligence case and there is no code/statute. It is commo-law so you don't have to write anything. Since you are unaware of any motion, then write none. (You would know if they had filed a summary judgment motion). Under medical exams, write Not applicable, and discovery is complete.

 

To answer your last two questions, you need to write in under the plaintiff part what you would take to settle the case, and under the defendant part, what if anything the defendants have told you they would settle the case for. If you haven't had any settlement negotiations, then your answer would be 100% what you are claiming as damages, and unknown for the defendants.

27 days and 7 hours ago.

Reply

We have already stated how and when the property was damaged in the question before that when it said "Factual statement of Plaintiff's claims:including counterclaims, cross claims and affirmative defenses.(Be specific). - Should we have put something different here?

 

In the question saying Issues to be decided: It has LAW: with a lot of open space then about an inch down it says FACT: like we should have something in both spots.

Posted by D. WINOGO ESQ. 27 days and 6 hours ago.

Answer

For Law: Write "Was the defendant negligent" For Facts: Leave blank.

 

 

27 days and 6 hours ago.

Reply

For the pleadings satisfactory: Yes or No They did not leave any issues out however we don't agree on all the issues. Do we still put yes or do we put no and put down the issues we don't agree on?

 

Stipulations,admissions and waivers:(ownership and operation;statutes or ordinances pleaded;resonableness and casual connection or items of damage etc.) - What do we put here??

 

Discovery: Is all discovery complete? Yes or No Would we put NO because they have not paid for the damages but agreed to pay or what does this mean?

Posted by D. WINOGO ESQ. 27 days and 6 hours ago.

Answer

For pleadings: "yes".

Stipulations, etc.: "None"

Discovery Complete: "Yes".

27 days and 6 hours ago.

Reply

I'm sorry I don't want to be a pain but I'm really worried about not filling out the paperwork right and losing the case but just to verify on the Stipulations question it says items of damage we wouldn't list the siding of the house and garage? You have been a lot of help and I thank you soooo much for taking the time to answer my questions!

Accepted Answer

Yes, you should include items of damage and how you came up with the costs of the damages. There really is no additional information that you need to include.

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Expert: D. WINOGO ESQ.
Pos. Feedback: 98.5 %
Accepts: 
Answered: 10/27/2009

Attorney

8+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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