We requested a motion hearing where our Requests for Production (RFP), Requests for Admission (RFA), Interrogatories, Motions in Limine (MIL), Motions to Take Judicial Notice (MTJN) and a Motion to have the other party cover all costs would be decisioned. Each had their own nuances (and we may offer them for critique in later posts), but there was one big surprise.

The judge made many "denied without prejudice to offer at trial" rulings. By trial he seemed to mean the pre-trial hearing. Our concerns:

• This seems to block our efforts to get everything into evidence before trial.

• Since the time span between the pre-trial hearing and trial is very limited our preparation for trial will be made more difficult.

• This seems to give an unfair (so what else is new) advantage to the opposing attorney.

Questions:

1. Has anyone else experienced this deferral situation?

2. If so, how did you handle it?

3. Would it make sense to file motions for rehearing (which The Course says is seldom granted). Offers of Proof (which might put the judge on notice that the groundwork for an appeal is being established)?

4. Other thoughts or suggestions?

Bill

I would like to know this answer too. Same situation here.

Provide more info about your situation such as what state are you located in.

Bill:

Please update us with the update of your case, please....

Please provide update to your case

I think at the point of denial you have to submit or openly move for a declaratory judgment of what the laws say as to obtaining evidence, and what the procedures are to get that evidence admitted as facts. Declaratory judgments have to be answered, and cannot be dismissed. Many judges get away with dismissing items and they do it in contradiction to what the laws and procedures are. The only way to make an appeal-able case is to make sure you are questioning and attempting to maintain your rights...one way to do this is to submit a declaratory judgment asking the judge point blank what the local laws and procedures are for submitting evidence, for obtaining evidence, and for using evidence. If anything the judge says in answering the declaratory judgment contradicts what he ruled, point it out to him in a respectful manner, and back up your questions with case law and what you know of the local laws and procedures. If you let him know that the judgment he made is appeal able, then he may take a second look and change the order or the dismissal.

The original post has now gone unresponded to by Jurisdictionary, Mr. Graves, for nearly 4 years, even though 4 months later another member expressed the same need. Members left in the lurch again, left in the lions' den with no hands-on help from the expert, who will undoubtedly say that the answer is somewhere in the course.

The forum is not a method to contact me directly with your questions. It is a FORUM to contact other subscribers. If you wish to have direct help from me this is not the method, and I'd appreciate your not complaining that I don't participate in the forum as often as you wish. My website makes clear that I "MAY" answer questions as time permits and when the question is one I can answer quickly, but to criticize me for not answering every post on the forum is simply to misunderstand what this forum is for. It is a FORUM, not a pathway to access me directly. Thank you for understanding.