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  • Need help for a response to the other side

    I am currently scheduled for trial. We have exchanged Statement of Agreed facts. The other side is getting picky over time lines. A court order stated that I had until Sept. 30 to provide an additional witness list as well as a updated Opening Statement removing any settlement comments. According to the rules I should have faxed this by 4 pm but did it at 9:30. The other side finally agreed to service but now has asked another question which I do not know how to respond to.

    I would appreciate a response to the fundamental issue of how you wish to conduct yourself as we prepare for this trial.

    I do not know if this is a valid question or should I just say I will conduct myself accordingly. This has been going on for 4 years and this is her fifth lawyer. I have spent the last year with him after he adjourned my trial for Nov last year. After two more Trial Management conferences the judge has granted me a new trial date of Dec. 8. My response to him has always been to give me an Offer to Settle which I will consider or trial. He now says that he will be suppling Offers (note plural). To this date he has supplied me with none. If someone could shed some light on how I should respond it would be very much appreciated. I will be serving them with my second offer to settle prior to trial with the normal one minute clause.

  • #2
    Originally posted by selfrep View Post
    I am currently scheduled for trial. We have exchanged Statement of Agreed facts. The other side is getting picky over time lines. A court order stated that I had until Sept. 30 to provide an additional witness list as well as a updated Opening Statement removing any settlement comments. According to the rules I should have faxed this by 4 pm but did it at 9:30. The other side finally agreed to service but now has asked another question which I do not know how to respond to.

    I would appreciate a response to the fundamental issue of how you wish to conduct yourself as we prepare for this trial.

    I do not know if this is a valid question or should I just say I will conduct myself accordingly. This has been going on for 4 years and this is her fifth lawyer. I have spent the last year with him after he adjourned my trial for Nov last year. After two more Trial Management conferences the judge has granted me a new trial date of Dec. 8. My response to him has always been to give me an Offer to Settle which I will consider or trial. He now says that he will be suppling Offers (note plural). To this date he has supplied me with none. If someone could shed some light on how I should respond it would be very much appreciated. I will be serving them with my second offer to settle prior to trial with the normal one minute clause.
    Good response. I would address it by stating that you will conduct yourself on the same professional level that they (the other side) conducts themselves. Watch the curve balls and remain focused on the facts.

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