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 JB Umphrey Your Own Question
JB Umphrey
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20233
Experience:  Explains legal matters based on 14+ years experience.
14211116
Type Your Legal Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

We are mid -trial and just received information suggesting

Resolved Question:

We are mid -trial and just received information suggesting respondent has been involved with criminal activities, including threatening witnesses and convincing people to testify falsely, is there not an emergency motion I can file to stop trial tomorrow until this is heard? I wanted to demand a summary judgement but have heard that is not possible.
Submitted: 5 years ago.
Category: Legal
Expert:  JB Umphrey replied 5 years ago.
Hi and thank you for using JustAnswer!

Are you presently questioning witnesses on the stand?
Customer: replied 5 years ago.
Yes. And one of the witnesses seems to be involved.
Expert:  JB Umphrey replied 5 years ago.
Okay. When you are examining or cross-examining the witness, are you asking him/her about these allegations?
Customer: replied 5 years ago.
Yes, and previous witnesses have testified that this attorney has threatened them. However he has now damaged our case by asking for a letter from a adversarial witness that he told them was court ordered, but it was not. It was received by the court a week ago, however they didn't send it to us until the night before trial. He is basically asking the case be thrown out on fraudulent charges (their making the fraud). We have to respond.

The fact is we are in a case against a child predatory (already found guilty) to terminate parental rights. If I told you all the facts you'd probably be shocked, but what it very literally comes down to is they have no evidence, they have nothing material, and they're only witness is the respondent. This would seem easy to argue through normal routes. However, these are not normal. This attorney knows he has nothing and he will apparently stop at nothing. He has now successfully played games outside of trial that are very literally damaging these kids. We have filed a motion of sanctions on him and it is still pending (the judge wanted to look more into it). However after the letter this evening we feel we have to tell the judge what has been going on through trial thus far, that lies that have been told - and now the damage to the children. We want to ask for a summary judgment.
Expert:  JB Umphrey replied 5 years ago.
What did the judge say when there was testimony of witness intimidation?
Customer: replied 5 years ago.
Honestly, she almost laughed. It's known of this attorney. The witness actually had to bring her own attorney. We think the judge is on to him, actually we've witnessed that she is - we're wondering if she doesn't just want to get trial over with though because he's dragged it on so long. We were willing to do that, and very prepared - however we can actually see danger in continuing to do so. There is so much that needs to be brought to the judges attention. He now needs to be stopped.
Expert:  JB Umphrey replied 5 years ago.
Actually, there's no reason to stop the trial.

Just keep creating the record through witness testimony of his antics and then seek criminal charges of witness intimidation and send a copy of those transcripts to state bar officials to file a grievance.

If the judge knows what's going on, she knows how much or how little credibility to place in their testimony.
Customer: replied 5 years ago.
Thank you, XXXXX XXXXX considering that. However if there are other factors involved which are concerning us, can we file a motion for summary judgment?
Expert:  JB Umphrey replied 5 years ago.
No, not at all. There are disputes of material fact for the judge to decide. A motion for summary judgment is not possible when there are genuine disputes of material fact.
JB Umphrey and 5 other Legal Specialists are ready to help you