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Tuesday, July 22, 2008
Pretrual motions

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
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