1. Having an opposing counsel who fights every action and works to deny us getting evidence into the record before trial, we wanted to make sure that the ground rules were clear.
2. We filed a Request for Admission (RFA) attaching the Causes of Action with their Elements as taken directly from The Course. We asked the Defendant to admit/deny that these in fact were the proper elements. Defendant denied.
3. We filed a Motion in Limine (MIL) asking that these be entered into evidence as the proper cause of action elements for our Complaint. During a motion hearing the judge took the motion under advisement.
4. Upon MIL deferral we filed a Motion to take Judicial Notice (MJN) that these are the proper elements.
5. Questions
a. Why wouldn’t a judge make an immediate ruling?
b. Aren’t causes of action and their elements standard within a jurisdiction?
c. How does one verify that specific causes of action that are permissible in a particular jurisdiction?
d. Once the causes of action are known, how does one determine what the jurisdiction/Court considers to be the correct elements?
e. Has anyone had a similar experience?
f. Having causes of action & elements challenged at trial would seem to be a disaster. How to avoid this potential problem?
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