Re: What NOT to say in court.
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Posted by casey
(67.162.48.197) on August 09, 2004 at 21:03:47:
In Reply to: What NOT to say in court. posted by qutgnt on August 09, 2004 at 13:45:10:
Boad gave some very good advice. I was in the same situation recently - (and also within SOL). I filed an appearance AND an answer. At the 1st hearing the atty called me out to the hall and said "why don't we just settle this now?" I said, "no thanks, I want a dismissal." We got a continuance that day. Then I filed a Motion to Dismiss and got another hearing. The judge asked them what they had to say to the motion and they said they objected to 1 point in it. That's when the judge turned to me and said "Like I tell everyone who comes in here - go to trial - THEY have to prove their case, not you." So, we went to trial last week. But lo and behold, this time when the atty called me into the hall it was to tell me they were going to dismiss it because "you've been so diligent about coming to court each time." More likely they had no proof and knew it. We never even got before the judge that morning. So - make a long story short. I would not agree to anything outside the courtroom - make them go before the judge and prove their case. Sometimes they can but from what I know if they have anything they will send it to you with the complaint (that's what happened to someone I know - they got a copy of their signed agreement attached to the complaint.) Good luck - don't let them get you frazzled.
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