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FOR LAW EDUCATOR ONLY Law Educator, Thank you for taking the…

FOR LAW EDUCATOR ONLYGood Day...
FOR LAW EDUCATOR ONLYGood Day Law Educator,Thank you for taking the time to review my queries and provide a response.
Today I require some insight as to the operation of legal words---Scenario: the court denys a motion without prejudice, but with a qualifying statement such as there is no new information
Which means basically you can present your motion again if new information is apparent. Does that mean that there is no "standing" on the matter until new information becomes apparent i.e. no new action can take place unless new information becomes available. Is that correct?Scenario 2: motion is presented judge denies the motion without prejudice, but supplies no qualifiers. So the individual has "standing' to bring the motion up again. The question here is--when does that "standing" take effect? Is it in effect as of the issuance of the denial with prejudice? or is there a waiting period? Since there is no qualifying statement, I take that to mean nothing need be done in order to retain standing on the matter. Is that correct?Based on the answers from this, I may have found a work-around for my issue.Thank you
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10/16/2017
Law Educator, Esq.
Category: Traffic Law
Satisfied Customers: 121,862
Experience: Attorney with over 24 years of law and traffic law
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It means the motion would not be proper to be brought up again unless you have discovered new evidence to support the motion. So without newly discovered evidence, the motion would not be proper, it has nothing to do with standing.

You are confusing standing, which is a party's right to bring a motion, with the legal basis for the motion. So your motion being denied without prejudice without qualifiers means that you could not file it again, STILL, without some new evidence to support why the court should grant the motion.

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Customer reply replied 4 months ago
Thank you for your reply.This is confusing. I would appreciate some clarification as to the 5 issues addressed below. Thank you, again.1.Why would the court do that when it is obvious that the opponent violated discovery rules?
2.What would constitute new evidence? The reason I am asking is because the court ordered the opponent to respond to my OSC so is this some sort of show to make it seem like Im getting reasonable due process?3.The opponent submitted an obviously fake document with no date , time or method as to how it was sent. (Which is bizarre, given the purpose of the OSC was for opponent to provide proof) how can an attorney present some crap like this with no justification whatsoever?4. Now the court has ordered they supply the certification for the document they presented? That's like letting a fox in the house where the chickens stay! Court gives opponent 1 week to provide it, So the way I see it is basically, they are going to let someone who has obviously provided a false document, no doubt provide a false certification Obviously if they had it, that should have been provided with the initial argument. The opponent isnt a rookie and this isn't even a rookie mistake.
5. So What is going on with this?

Thank you for your reply.

1) The court should not do it, but many times the court gives a ton of discretion to the parties to prevent giving them an issue to raise on appeal.

2) New evidence would be evidence recently discovered that one had know knowledge of and could not have reasonably discovered sooner.

3) Again, you have to prove it fake and we already discussed this to death and this is a rhetorical question more than anything. You prove it fake to the court and you will get sanctions under Rule 11.

4) Good, the court is making them prove the document is valid. Basically, you can still challenge the certification based on them fabricating everything else. The court is giving them rope to hang themselves is what the court is doing.

5) Again the court is giving them every opportunity so that they cannot raise these issues on appeal.

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Customer reply replied 4 months ago
Thank youi for your replyMy contention that the document is fake (outside of getting analysis of the Metadata) is based upon the fact that this issue was coupled with other issues in previous OSC. The opposition had, at that time an opportunity to address the issue as it was brought up in a few previous motions--along with the issue at hand which was covered under discovery violations. Therefore, would it not make sense for the opponent to address the issue in its' response--especially since I was claiming I never got it?
So does it not mean their failure to address it those few times the issue was brought before the court, supports my contention?
Also what about rule 26g isn't that the same sans the safe harbour aspect of rule 11?

I know the document is allegedly fake, you will make that argument in your objection even if they try to submit a certification and argue the certification is also fraudulent as they are lying and getting someone to swear to it.

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Customer reply replied 4 months ago
Thank you for your replyWith whom does the burden of proof rest? Me for saying it's fake? Or them?
If it is me, besides the obvious how would I prove it>
What about rule 26g in lieu of rule 11

The burden of proof always is on the person raising the allegation. So once they allege it is a valid document and submit their proof, since you allege it is fake you then have to offer your proof and your proof would be circumstantial and the contents of the document as we discussed with things they could not have known at the time they submitted the document.

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Customer reply replied 4 months ago
thank you for your replyyou did not address the query regarding 26g in lieu of rule 11
and if rule 26g is applicable, can I also use rule 11

Thank you for your reply.

You use Rule 11, I thought we had gone over that previously, my mistake. USE Rule 11 and you can throw in 26g, but Rule 11 is where sanctions come in.

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Customer reply replied 4 months ago
Thank you for your replyRan across something interesting when researching for this motion. That is that rule 26(g)(3) calls for sua sponte enforcement by the judge. But in bringing it up before the court in my motion, I was looking for something that would hopefully put the court in a position where they would have to address the issue. The discovery violations were blatant and my notices to the effect had gone unaddressed or dismissed. see: Branhaven LLC v. Beeftek, Inc., _F.R.D._, 2013 WL 388429 (D. Md. Jan. 4, 2013).Just interested to know your thoughts on this as it relates to my case.
Thank you Law Edu

Thank you for your reply.

That just says the court on its own can enforce a Rule 26g violation. Sanctions can be given by the court for violation of any rule of civil procedure.

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