[rubyruby27]

Helping someone on another board they are going to trial with C-1.

They were denied an MSJ.

The opposing counsel wants to appear by telephone. as c-1 one is in VA and the lawyer is in dade city and the defendant is in brevard.

I told her to object, how would she do this, I haven't a clue. I am trying to get her to file MSJ she needs to act soon.

[centex]

I doubt they are asking to do the trial by phone but rather seek to appear by phone for a motion hearing.

Aside from the fact that the individual would be better served coming here to pose the question themselves, they are going to need to demonstrate to the Court how the telephonic appearance harms their ability to present the motion...

[Enigma]

Florida Rules allow telephonic appearances for motions and trials.

Is the attorney that signed the Complaint, has he/she appeared at the Pre-Trial Conference or did another attorney?

If another attorney appeared, the first thing you do at the next hearing is raise an objection that counsel has not appeared and there was no motion for substitute counsel.

Its a long shot but it has worked for me i n the past.

[rubyruby27]

new info ---c-1 filed an msj and it was denied, I told her to file an msj--which she did on SoL, that hearing is soon---at the last hearing the local attorney told her c-1 attorneys would fight this (HHL).

the next haring is for her msj and HHL wants to appear by phone. She didn't post anything to me other than there request to appear, nothing about a subsitute attorney.

I have ask her to come here, why people don't I don't know.

Thanks for the info will relay to her

[hannah]

In WV, like Enigma said for Florida, an attorney may appear for hearings telephonically unless the judge orders them not to, or, like in my county, against local rules. They may motion to appear this way but the attorney on the phone must be the attorney of record not one of his/her firm members unless a substitution is filed.

[roybean]

In my circuit, an attorney may motion to appear telephonically, but they have to request way in advance and have good reason to request this. Lawyers can get away with it because they have other pressing cases and can't be in two places at the same time. Unfortunately, the courts do not consider consumer cases to be as important as others.

[Enigma]

Originally Posted by rubyruby27

new info ---c-1 filed an msj and it was denied, I told her to file an msj--which she did on SoL, that hearing is soon---at the last hearing the local attorney told her c-1 attorneys would fight this (HHL).

the next haring is for her msj and HHL wants to appear by phone. She didn't post anything to me other than there request to appear, nothing about a subsitute attorney.

I have ask her to come here, why people don't I don't know.

Thanks for the info will relay to her

Has she set a date to hear the motion?

Can you email her motion?

[rubyruby27]

She never showed it to me, I even told her too as she is hung up on card statements being a written instument. I will ask if she will so I can email to you.

Now she says the JA told her the Judge will hear the MSJ at the trial date. The motion for telephonic appearance says the date is in Aug. Then she said the court hearing date for trial is Oct.

I just pm'd her asking for definite dates and a copy of her MSJ.

[centex]

I cannot think of a single instance where an MSJ was heard on the same date as something was on docket for trial to commence...

While there are certainly some motions that are filed and ruled on at the appointed date for trial, generally speaking, a motion hearing is not the same thing as a trial date.

[rubyruby27]

I just verified it and that is what she said the JA told her. Both are set for the same day.

Enigma-check your email.

[Enigma]

Originally Posted by rubyruby27

She never showed it to me, I even told her too as she is hung up on card statements being a written instument. I will ask if she will so I can email to you.

Now she says the JA told her the Judge will hear the MSJ at the trial date. The motion for telephonic appearance says the date is in Aug. Then she said the court hearing date for trial is Oct.

I just pm'd her asking for definite dates and a copy of her MSJ.

Something is not right here. And Centex is correct. If this is small claims then that is another matter altogether then.

The Court should have sent her a Notice of Hearing. If she does not have that then she needs to get to the courthouse and pull her case file and copy everything in it.

[Enigma]

Originally Posted by rubyruby27

I just verified it and that is what she said the JA told her. Both are set for the same day.

Enigma-check your email.

I replied.

[hannah]

Originally Posted by rubyruby27

She never showed it to me, I even told her too as she is hung up on card statements being a written instument. I

Unless she agrees that the statements are correct and acknowledges the debt (in some states it must be in writing to be valid and not oral unless in court before a judge or magistrate or in a deposition) then they are not a written anything. They are simply copies of statements that must be authenticated in court either by affidavit or by witness of the OC. A written instrument is anything reduced to writing; the agreement or contract the writing contains which is signed by the parties. If she is agreeing that the debt is hers, then you are probably wasting your time.

[rubyruby27]

She could have argue successful its oral based on no written instrument was attached to the summons per rcps therefor it has a 4 yr sol. With case law. She is fighting the OC.

[hannah]

Originally Posted by rubyruby27

She could have argue successful its oral based on no written instrument was attached to the summons per rcps therefor it has a 4 yr sol. With case law. She is fighting the OC.

Then why hasn't she done so?

[rubyruby27]

Beats me I showed her what to write and how to write it and then gave the case law to support along with the RCP's that specific state a written instrument must be attached to the pleading.

Actually, I do know as I remember and still do it, you get hung up on something that doesn't make sense to you or you just don't understand it, no matter how many people say its this or that you can't comprehend it or you misunderstood.

Fear of looking stupid in front of the Judge etc is another.

I also remember thinking that I understood something and was so proud of myself just to get knocked down by someone who told me ---you still didn't get it.

I am hoping she can amend her msj I don't remember the rules on that, I am sure she can amend her memorandum of law.

[hannah]

Ruby, how far along is she in this case? Can she still amend her answer?

[rubyruby27]

the trial and msj hearing is aug 17--she needs to read the rcps to see if she can amend.