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Judge Wallace evidentiary hearing - trial brief and joint pretrial order required?
It is best to ask these questions of the court when the hearing is set. If you cannot ask in this fashion, you can file a motion to fix the procedures for the hearing. You can also propose a stipulation re presentation of evidence, if you can work one out with opposing counsel, with an order.
If you cannot get the procedure set before the hearing, ask for a stipulation to continue. You can state in the stipulation you and opposing counsel do not know how the court wants the evidence presented and ask for a hearing to get the court to give you direction.
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Dennis McGoldrick, 350 S. Crenshaw Bl., #A207B, Torrance, Ca 90503 310-328-1001-voice
> On Feb 25, 2014, at 3:58 PM, Holly Roark wrote:
>
> Has anyone had an evidentiary hearing before Judge Wallace in Santa Ana?
>
> I have an evidentiary hearing before Judge Wallace in Santa Ana on the issue of whether a witness was personally served with a trial subpoena. (The trial subpoean is for another evidentiary hearing.) This is not an adversary case, just a regular BK with issues. The judge expects me to call my process server and the witness who claims he wasn't served. It should be very straightforward.
>
> I am trying to determine whether I need to submit a trial brief and joint pretrial order. The judge's local rules with respect to trials say that those are required, and an evidentiary hearing is technically a trial, but I am not sure whether he expects all that for an evidentiary hearing or if he requires that only for adversary proceeding trials. The clerk would not give me legal advice, so I am asking you whether any of you have had experience in Judge Wallace's courtroom and can impart your knowledge with respect to what he expects at an evidentiary hearing.
>
> Thank you for your help.
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> holly@roarklawoffices.com **primary email address**
> www.roarklawoffices.com
> Central District of California
> Consumer Bankruptcy Attorney
> 1875 Century Park East, Suite 600
> Los Angeles, CA 90067
> T (310) 553-2600
> F (310) 553-2601
> *By State Bar of California Board of Legal Specialization
>
>
>
> **For a quicker response, email me at holly@roarklawoffices.com.
> I only use gmail for my listservs, and am likely to miss private emails
> directed to my gmail account.**
>
>
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