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Pre-trial conference question

Date: Wed, 03/25/2009 - 19:50

Submitted by IPoured
on Wed, 03/25/2009 - 19:50

Posts: 223 Credits: [Donate]

Total Replies: 6


I realize that this might be a bit much to absorb but I'm gonna give it a try anyway. I need the well rounded opinions supplied here. Please feel free to pm me if you like. :)

I am the defendant in a debt collection case in Colorado (County Court Rules for Civil Procedure apply). I HAVE TO represent myself for there is NO ONE to help me.

My questions pertains to Rule 316 (b) (bold text part below). I requested a pretrail conference be held so that I could request discovery. I did this because I initially needed to make the plaintiff have to come up with documents that legaly could prove his claim. (something from the OC legally linking me to the alleged cc debt, signatures, contracts...) Well, after recieving the disclosure statement back from the plaintiff, (this statement that details every witness and document that plaintiff plans to use at trial and is a voluntary procedure with manditory compliance by opposing party in my state county court.) I have discovered that they have no case! Holes in everything that they plan to use against me. (My disclosure statement to them details and lists everything they have ever sent me, and that I plan to use it against them at trail) What do I do here at the pretrial? Is it the right time to point out all of the holes (big big holes) in the plaintiff's case or should I keep it all bottled up untill the trial date? Is this the right time for a defendant (verbally at pre-trial I may) motion to dismiss a case with prejudice? (or is this bad court room etiquette?) Motion for a directed verdict? (is a defendant allowed to do that at pre-trial?) Maybe defendants are supposed to keep plaintiffs' flaws in the case to themselves at pretrial and wait to see if requested discovery can be produced. (plaintiff is not to be trusted and will teeter on the line of misinterpretation, fraud and deceptive side) Please Help!


Rule 316. Pretrial Procedure -- Disclosure and Conference

(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.


Went to Case Management Conference-RE: credit card debt between $600-$1600. Court issued a pre-trial conference in 3 months. As the defendant who can't afford an attorney, I will absolutely show up with "bells on" I will not default, however, plaintiff barely spoke to me and never said he had any proof I owed this money (Original Contract), etc. He said he will tell the original plaintiff that I will attend.
What can I expect? Does the plaintiff always show up? The court warned me that I'd be in default if I didn't understand the procedure and needed an attorney. How can I handle this myself without being intimidated by the the court and the plaintiff? I am a senior citizen. Please help?


lrhall41

Submitted by on Tue, 05/05/2009 - 13:01

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Conchetta,

I am glad you posted this. I also have to attend a case management conference, and am representing myself. I would greatly appreciated any info anyone has on such precedings that they want to share. I just want some idea what to expect. It is for a credit card debt, which the CA never validated, despite repeated requests (certified mail).


lrhall41

Submitted by on Tue, 05/05/2009 - 13:43

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I would like to file for discovery. My case management meeting is in a little over a month. Do you know if I should file for discovery now, or wait until the meeting?


lrhall41

Submitted by on Wed, 05/06/2009 - 07:18

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