no client at pretrial
Question: I had my pretrial with midland funding today. in the
pretrial notice "attorneys are required to bring their clients"
midland didn't do that. i'm pro se. i asked to dismiss because they
didn't appear. not granted. can i ask to dismiss again using rule 2.2
of the canton municpal court rules of practice? if not, is there any
advice on beating these guys?
Answer: Motion not granted? That's not surprising. That wasn't a
valid reason to dismiss. I think you would have been better off with a
subpoena. That might have been denied as well but I tend to think that
would have been a more effective way to go about it. I don't know what
rule 2.2 of the canton municipal court rules says so I can't comment
on that.
Most motions to dismiss will fail even if they are proper and even if
there is a valid reason to use them. Motion for summary judgment
against the plaintiff might also have been a better way to go. At
least they can be used in attempts to get the plaintiff to bring forth
solid evidence against you instead of just prima facia evidence or
statements of attorney and nobody else. Motion in Limine might also
have been a better way to go. There are many different options and
which one to use at what time is not only a matter of rules of
procedure or rules of evidence but also a matter of judgment and what
to do always depends on the immediate
problem that needs attention. There are no magic bullets that work
every time.
Advice on beating these guys? Even if I were a lawyer which I'm not I
couldn't give you any ideas without seeing the paperwork in the case.
I can't give you legal advice in any case because I'm not a lawyer. I
just know how to make them cry a lot. If you want to chat about your
problems just give me a call. I'm usually available and I don't charge
anything to chat with people about their problems.
Bill Bauer
405-684-9297
405-227-9423
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