 set for April 25th. They had really done nothing and no motions so I was thinking easy going here in trial. Then they did not show up.
They sent MSJ a month later and the new court date came a week later for June 20.
So again no problem file MOSJ.
Then today a week before trial I get this motion for the continuence.
So now I need to get MOSJ filed and Anon Amos said to ignore new motion but I felt that was wrong so TY shellie.
My real question is since MOSJ is due one day before trial should I go to court tommorow and file an opposition to the continuance motion.
I would if it were me, because if they do not grand the MSJ the day before trial, then you will not be giving them any more time to file any more BS. If you have your ducks in order, they won't be able to try and introduce anything else, especially the day of trial, you will object to it. I don't see how more time for a trial will help you if you already have your defense laid out to go with what they have--If it were me, I would make them squirm. If they don't get their MSJ, and the file does not get continued, I bet they dismiss.
Anon A there is already a trial set for June 20, it is the day after their MSJ hearing.
I think the time line to file a motion is 10 days prior to trial. I will call the court tommorow to find out if it is Thursday of did their continuance get granted.
no in the justice of the peace courts they are 10 days to file opposition and 10 days for them to file a reply. Have you filed anything today?
Clarify something for me. So you were going to trial. they filed a MSJ, and you had 30 days to oppose it. Your trial was already set. My question is, when was the trial? Is it before you should hear on the MSJ? If so, I would oppose the continuation of the trial. They are trying to put it out in case they don't win the MSJ, but if you are ready for trial, ready to file a motion in limine to strike their affidavits, I wouldn't let them continue it if I could help it. Then you will be done, and they won' have time to come up with more. MSJ's are an easy out for them. If they think they have the proof for a MSJ, then they should have it for the trial. They are stalling. If you are ready to file your limine, I would file it, I would file your opposition to the MSJ, and I would type up the opposition to the continuance. They want to be heard on the MSJ before the trial, and if the trial is first, I would go to the trial.
I would oppose both. because they like to mislead the courts and confuse the clerks. The MSJ is a way to bully you into settlement.
I'm sorry for the confusion, I misread something and was off track. I was thinking that their motion was to proceed with a court date that you already had in case they lost the MSJ (and not to extend the litigation). Just strike my post for the record. and I will be more careful.
@ Admin These MSJ's in Maricopa county are misused a lot to deny defendants even a trial. I will help tonight to iron out the opposition.
@hot in az I would need to know their MSJ and Their Motion for Continuance. There are a lot of rule changes and the JCRCP are what the judges are using.
I do however stand behind my main and original point of filing an opposition to the MSJ; regardless of whether or not you have a trial set for a day after it.
If in Maricopa county you better oppose or the judge will render judgment against you. and oppose the Motion for continuance. the reason they filed that is because the court may just say fuggit trial is tomorrow so they want to space it out.
@Anon Amos: great advice and since the OP is not really ready for trial a little further time only helps plaintiffs.
Ok, Thanks for all the help. I know that I have to file the MOSJ. Have been working on it. Plan to file it on Monday and Seadragon gave me help with my motion to oppose the continuance. Is it past the time frame of 10 days prior to trial to file the Motion in Limine?
Trial is the 20th. Monday will be within the time frame to file the MOSJ because they mailed it I have 5 days past the 30.
And I am very ready for trial. They filed this last July. One more question before I get started on MOSJ.
When they sent disclosure they listed 4 custodians or trial witnesses. When I sent disclosure I called the one that signed the affadavit from Midland dated july of 2012.
In their MSJ they sent a new affadavit from a midland employee dated May 2013. She also signed the affadavit same day on the paperwork of the other ladies case they sent me by accident.
With all her personal information on it. Can I use this in the trial in any way?? Mainly the date being 2013 and the alleged sale of accts 2011.
And the affadavit of officer of OC signed march 2012. Seems like this could be used somehow..
file the limine anyway, he won't rule on it before trial, but your objections will be in there for the record. Then you can also use it as a guide for trial, on what your objecting to. AND if the plaintiff sees you know what you are doing with the limine, they may choose to dismiss. If not, can't hurt anyway.
OBJECTION, (object to each one separately) Affidavit is untimely, It was not made at or near the time of events of the cause of action. There fore it does not meet ARE code xxx (look what code it is, 803 for federal) for the business records exception and are hearsay. Affidavit was made solely for the purpose of litigation, and do not support the business records.
I would be inclined to bring the other ladies one along also and charge the affidavit as a robosigned document. Or put it in the limine, with the other affidavit attached with those charges also.
Okay in case anyone else in Arizona gets this I will post the Motion and Order to Continue Trial.
Plaintiff filed a motion for summary judgement in this matter which, if granted will alleviate the need for a trial.
Wherefore, Plaintiff requests that the trial in this matter be continued for a short time to allow a ruling on the Plaintiffs motion. This motion is not brought for the purpose of delay, and Defendants will not be prejudiced if the Plaintiffs Motion is granted.
In fact, both parties will save time and costs if the Motion is granted.
My Motion to Oppose:The defendants oppose the motion and order to continue trial because of the following reasons.
The Plaintiff's have already had one continuance.
There are material facts at issue necessitating a trial. Also, a motion for summary judgement is not a substitution for a trial.
This motion prejudices the defendants as it creates a preference for Motion for Summary Judgement over a trial on the merits, which is the opposite of what the statutes are designed for.
Defendants will not be prejudiced if the Plaintiffs Motion is granted.
Did you mean "Plaintiff will not be prejudiced if Defendant's motion for a continuance is granted."?
I'm not an attorney, but I don't see where you've given a reason for a continuance. I apologize for not reading every post. Why do you need a continuance?
From the AZ Supreme Court.
Most Arizona cases have advocated a rather stringent standard for granting summary judgment, in accordance with our decision in Peterson v. Valley National Bank, which held that "summary judgment... is not a substitute for a trial" and "litigants are entitled to the right of trial where there is the slightest doubt as to the facts." 90 Ariz. 361, 362, 368 P.2d 317, 318 (1962). Orme Sch. v. Reeves, 166 Ariz. 301, 305, 802 P.2d 1000, 1004 (1990).
You need to file a motion for extension to respond to MSJ immediately and then RESPOND! Your response is titled "RESPONSE" (not "reply" as in the sample posted). The "REPLY" is then filed by Midland.
Don't use the samples posted here as they make no sense (at least not to me) and they are not related to YOUR case. A motion for summary judgment comes with statement of facts.
You need to respond to the attorneys' statement of facts and prepare a controverting statement of facts and utilize YOUR defenses.
Nobody can help you unless they have the FACTS about YOUR case.
Don't speak in the 3rd person unless you're a king or queen and don't use words and phrases you don't understand.
NEVER submit your filings under penalty of perjury. ONLY an Affidavit (Declaration) is notarized and if you have a fact to submit to the court that you know for sure will help your case (they're listed in your controverting statement of facts), prepare a separate affidavit.
I can't say what YOUR chances of prevailing are, but I got Midland dismissed for the old 3-year SOL. I also objected to the documentation, which the moron judge denied (he hates me), but most likely would have been reversed on appeal.
Remember that I'm NOT an attorney and that while the appeals