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In the final trial in a NC for Equitable distribution, I…

In the final trial in...
In the final trial in a NC for Equitable distribution, I remember being prepared to give an opening statement. When I looked at court procedure rules it said both would have an opp to do this. In mine (because her atty kept saying incorrect things about the law, I was prepared to read the actual law in the opening statement, in acutality, all that they did was go directly to putting her witness (A CPA) on the stand and then going through the schedules. Neither did I get to give a closing statement. Did I have a right to the trial being conducted in a formal way? If not, may I include this in my attempt to file a motion 59b or 60b as an error?
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Customer reply replied 1 year ago
The judge would only allow me to speak if he asked me a question. Looking back I feel I had the right to give opening and closing arguments. Whenever I tried to speak during the trial, the judge would cut me off. I believe the trial transcript will bear me out on these things.
Answered in 12 hours by:
4/13/2017
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,926
Experience: 30 years as a family law lawyer .
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Yes you should have been allowed an opening and closing statement and you may want to include this as an issue of your review of the proceedings.The court has to allow both parties here to present opening argument to the judge and to show judicial fairness in the proceedings.Certainly you have another valid point to present if you choose to do so.

I appreciate the chance to help you today.Thanks again and good luck.

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 1 year ago
Hi Ray - I hope you can help me with this final quandry. I want to be sure I don'tr shoot myself in the foot. When I failed to get the final disposition of the foreclosed home to the judge. He awarded the house entirely to me. He used our agreed value of the house as $200,000 back two years ago when it wasn't foreclosed it was just what we thought it would sell for. Then he had an early foreclosure number on a document that said the charge off would be about 244,000. He gave me that too, making a negative on my side of his worksheet of 44,000. My question is I finally found the final foreclosure numbers. It sold at auction for $173,000. The charge off amount ended up being 256,000. How would the new numbers affect me on his work sheet based on the first not being in foreclosure and the second being in foreclosure? I don't want to bring the atty's neglect to get the info up if the judge having it will hurt me.

Well I don't really think this would effect this that much.It was always an estimate and the fact that it changed really doesn't mean much.It was as accurate at it could be at the time.You have to decide here it you think it will help you money wise to raise this.The fact it did not foreclose again that was a projection, they don't always foreclose.There is risk here you decide if you think you want to go there on this issue.

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Customer reply replied 1 year ago
It did foreclose. What I am now trying to figure out is if the numbers would now stay in the same position. 200,000 minus 244,000 gave me an edge of 44,000. Would the numbers as a foreclosure be the diff of the auction sale price of $173,000 minus $256,000 would give me a negative number of $83,000 to help me on my side. *If he uses the numbers as the $173,000 for value but if for some reason it reversed the numbers or something because it did foreclose, It could hurt me by $83,000. I don't know how the ED changes based on foreclosed or not foreclosed. I don't want to accidentally lose $83,000 by handling that number wrong. Or if some value goes to zero against 256,000 and the value reversed to that. Wow. He could kill me with that.

Yes I understand the risk on that issue.You may decide to let that go, there is real risk given this judge here.

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Customer reply replied 1 year ago
I dont know what is wrong but the site said I had 4 messages from you and nothing more has shown up. What am I doing wrong?

Not sure , let me know if you have more,thanks

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Customer reply replied 1 year ago
I got that last one, but seems a lot of your responses never came through. Now even my questions are missing. Have you had this happen before?

No here are all of them just in case

North Carolina

Customer

In the final trial in a NC for Equitable distribution, I remember being prepared to give an opening statement. When I looked at court procedure rules it said both would have an opp to do this. In mine (because her atty kept saying incorrect things about the law, I was prepared to read the actual law in the opening statement, in acutality, all that they did was go directly to putting her witness (A CPA) on the stand and then going through the schedules. Neither did I get to give a closing statement. Did I have a right to the trial being conducted in a formal way? If not, may I include this in my attempt to file a motion 59b or 60b as an error?

12 Apr 2017, 8:56 PM

Customer

The judge would only allow me to speak if he asked me a question. Looking back I feel I had the right to give opening and closing arguments. Whenever I tried to speak during the trial, the judge would cut me off. I believe the trial transcript will bear me out on these things.

12 Apr 2017, 9:01 PM

Me

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

13 Apr 2017, 9:21 AM

Me

Yes you should have been allowed an opening and closing statement and you may want to include this as an issue of your review of the proceedings.The court has to allow both parties here to present opening argument to the judge and to show judicial fairness in the proceedings.Certainly you have another valid point to present if you choose to do so.

I appreciate the chance to help you today.Thanks again and good luck.

If you can positive rate 5 stars it is much appreciated.

13 Apr 2017, 9:23 AM

Me

Case law on this issue

http://www.gmfm-law.com/wp-content/uploads/2015/12/publications_opening_statement.pdf

13 Apr 2017, 9:25 AM

Customer

Hi Ray - I hope you can help me with this final quandry. I want to be sure I don'tr shoot myself in the foot. When I failed to get the final disposition of the foreclosed home to the judge. He awarded the house entirely to me. He used our agreed value of the house as $200,000 back two years ago when it wasn't foreclosed it was just what we thought it would sell for. Then he had an early foreclosure number on a document that said the charge off would be about 244,000. He gave me that too, making a negative on my side of his worksheet of 44,000. My question is I finally found the final foreclosure numbers. It sold at auction for $173,000. The charge off amount ended up being 256,000. How would the new numbers affect me on his work sheet based on the first not being in foreclosure and the second being in foreclosure? I don't want to bring the atty's neglect to get the info up if the judge having it will hurt me.

13 Apr 2017, 2:55 PM

Me

Well I don't really think this would effect this that much.It was always an estimate and the fact that it changed really doesn't mean much.It was as accurate at it could be at the time.You have to decide here it you think it will help you money wise to raise this.The fact it did not foreclose again that was a projection, they don't always foreclose.There is risk here you decide if you think you want to go there on this issue.

13 Apr 2017, 3:03 PM

Customer

It did foreclose. What I am now trying to figure out is if the numbers would now stay in the same position. 200,000 minus 244,000 gave me an edge of 44,000. Would the numbers as a foreclosure be the diff of the auction sale price of $173,000 minus $256,000 would give me a negative number of $83,000 to help me on my side. *If he uses the numbers as the $173,000 for value but if for some reason it reversed the numbers or something because it did foreclose, It could hurt me by $83,000. I don't know how the ED changes based on foreclosed or not foreclosed. I don't want to accidentally lose $83,000 by handling that number wrong. Or if some value goes to zero against 256,000 and the value reversed to that. Wow. He could kill me with that.

13 Apr 2017, 3:11 PM

Me

Yes I understand the risk on that issue.You may decide to let that go, there is real risk given this judge here.

13 Apr 2017, 3:18 PM

Customer

I dont know what is wrong but the site said I had 4 messages from you and nothing more has shown up. What am I doing wrong?

13 Apr 2017, 6:50 PM

Me

Not sure , let me know if you have more,thanks

13 Apr 2017, 6:52 PM

Customer

I got that last one, but seems a lot of your responses never came through. Now even my questions are missing. Have you had this happen before?

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