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Trial Procedure Questions. I am a pro se Plaintiff in a County

Court case and getting ready...
Trial Procedure Questions. I am a pro se Plaintiff in a County Court case and getting ready to go to a pretrial conference. The judge ordered the conference after a dispute over a motion i filed to amend my complaint. However, a pretrial conference seems necessary anyway to deal with misc issues before trial, i.e., request for discovery, limitations on the issues, exhibits, etc.

My question is about the process. Can you explain to proper way for me to raise issues that I have, request discovery, ask questions and argue mu position with the disputed motion?
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Answered in 1 minute by:
7/27/2013
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,425
Experience: Texas Attorney for 30 years dealing in real estate
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RayAnswers :

Thanks for your question and good morning.

RayAnswers :

You should make sure that any motions that you have here are filed prior to the pretrial conference so that they may be heard and disposed of .

RayAnswers :

If you have discovery here you intend to file say interrogatories--written questions to the other side, Motion for production of documents to produce documents needed by you from the other side you need to go on and file that.

RayAnswers :

The court would then set a deadline for responses and any supplemental discovery.In general these conferences are a way to see what is pending that needs resolution, how much additional time is needed before trial, and to resolve anything pending such as motions , etc.Overall the court should set a hearing date for trial and cut off dates for discovery.The idea being discovery ends here there is some time to review and then prepare for trial.

RayAnswers :

In my mind it is like half time, to go over whats pending and needs ruling or other resolution,, what else is needed, and then deadlines and a trial setting.

RayAnswers :

These are meant to be somewhat informal meetings overall to discuss the procedural issues that remain, to see if there is any agreement or stipulations, and then to resolve any motions and set out deadlines for discovery and a trial date.

RayAnswers :

The overall idea here is to move along the suit towards trial and deal with any pending issues such that both sides and the judge are all on the same page.

RayAnswers :

Here are the Colorado Rules of Procedure for county courts that cover these kinds of issues..

RayAnswers :

COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE
CHAPTER 25 COLORADO RULES OF COUNTY COURT CIVIL PROCEDURE



C.R.C.P. 316 (2013)
Rule 316. Pretrial Procedure -- Disclosure and Conference.

(a) Disclosure Statement.

(1) At any time after the answer is filed but no later than 21 days before trial, a party may request from an opposing party a list of witnesses who may be called at trial, and copies of documents and pictures, and a description of physical evidence which may be used at trial. Such request shall be made by serving pursuant to C.R.C.P. 305 a blank disclosure statement, which shall be in the form and content of Appendix to Chapter 25, Form 9, on the opposing party and shall be accompanied by the requesting party's properly completed Form 9 and its attachments. The opposing party shall serve pursuant to C.R.C.P. 305 a completed Form 9 with attachments on the requesting party within 21 days after service but not less than 7 days before trial. The court may shorten or extend that time. A party may not supplement the disclosure statement except for good cause.

(2) The court may order the parties to exchange and file Form 9 disclosure statements at any time before trial.

(3) Any party failing to respond in good faith to a Form 9 request or court order under this subsection (a) shall be subject to imposition of appropriate sanctions at the time of trial.

(b) Pretrial Conferences. Prior to trial, the court may in its discretion and upon reasonable notice order a pretrial conference. Conferences by telephone are encouraged. Following a pretrial conference, the court may issue an order which may include limitations on the issues to be raised and the witnesses and exhibits to be allowed at trial, entry of judgment, or dismissal, if appropriate. Failure to appear at a pretrial conference may result in appropriate sanctions, including an award of attorney's fees and expenses incurred by the appearing party.

(c) Pretrial Discovery. If a pretrial conference is held, any party may request that discovery be permitted to assist in the preparation for trial. The request shall be made only during the conference. The discovery may include depositions, requests for admission, interrogatories, physical or mental examinations, or requests for production or inspection. If the court enters a discovery order, it shall set forth the extent and terms of the discovery as well as the time for compliance. If the court fails to specify any term, then the provisions of C.R.C.P. 30, 32, 33, 34, 35, and 36 shall be followed as to the missing term.

(d) Resolution of Disputes. All issues regarding discovery shall be resolved during the conference. No party shall be entitled to seek protective orders following the conference. Unless otherwise ordered by the court, a dispute over compliance with the discovery order shall be resolved at the time of trial, and the court may impose appropriate sanctions, including attorney's fees and costs, against the non-complying party.

(e) Juror Notebooks. The court may order the use of juror notebooks. If notebooks are to be used, counsel for each party shall confer about items to be included in juror notebooks and at the pretrial conference or other date set by the court make a joint submission to the court of items to be included in the juror notebook.

RayAnswers :

As you can see under item b here they cover such pretrial conferences and what will be involved here.

RayAnswers :

I appreciate the chance to assist you today.Please let me know if you have more follow up.Thanks again.

RayAnswers :

I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.


 


 


 


 


 


 


 


 


 


 


 





 


 


 


 


 


 


 


This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.


RayAnswers :

As a summary the court would hear all the motions pending here that you or the other side have filed.If it is your motion you have the burden of proof so you argue first.You would address the judge as to what your motion is asking for and why it is needed here-- say a motion to produce documents you need them for trial, they are relevant or calculated to lead to relevant documents, etc.The other side if they have opposition would respond and then the court would rule on your motion.Only those motions that are disputed would be heard otherwise the court grants them.

RayAnswers :

And the court will then get into the other items I set out above.These are somewhat informal proceedings as the court may have questions for each side and try to narrow any disputed items.

RayAnswers :

Thanks again for letting me help you today.Let me know if you have more follow up.Thanks.

Ray
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Customer reply replied 4 years ago

I do want interrogatories and admissions. What do you mean in your reply about discovery "go on an file that" I thought that the judge had to order discovery in county court based upon a request of a party? Do I need to prepare a document to request discovery or do I just ask in person at the pretrial.


 


 


To argue my motion, I already file a detailed reply to their opposition to my motion so there is not much to say that has not already been written in the reply. So do I just go through my argument again in person?


 


Also, in District Court the rules state who is the "responsible attorney" In county court rules I do not see this term. My opponent has an attorney but I am the plaintiff so if this was district court then they would have to be the "responsible attorney". How does this work in County Court?


 


 


 


 


 


 

Thanks for your follow up.


I do want interrogatories and admissions. What do you mean in your reply about discovery "go on an file that" I thought that the judge had to order discovery in county court based upon a request of a party? Do I need to prepare a document to request discovery or do I just ask in person at the pretrial.


You are allowed civil discovery here without an order to do so.You can file your interrogatories or motion to produce documents.Only if there is objection does the court hear those.Otherwise the other side has to answer here or produce them.You can do this now to see if there are any objections or it is other wise disputed or you get what you asked for.


 


 


To argue my motion, I already file a detailed reply to their opposition to my motion so there is not much to say that has not already been written in the reply. So do I just go through my argument again in person?



Yes you summarize it thats about it and reference that you have set it out in your motion and response.

 


Also, in District Court the rules state who is the "responsible attorney" In county court rules I do not see this term. My opponent has an attorney but I am the plaintiff so if this was district court then they would have to be the "responsible attorney". How does this work in County Court?

 

Motions wise you are the movant, the other side here is the respondent to your motions, otherwise they are called the defendant.If they file a motion here they are the movant and you the respondent.This merely allows the court to see how has filed something because they go first and have burden to show something is needed or granted.Their lawyer is the defendant's attorney in all of this or respondent's attorney, etc.

 

The court can sort it all out and you will not be penalized as a pro se if you make a mistake in naming them the judge can figure it out.

 

I wish you good luck here with all of this, thanks for your patience.



















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