Question re BR and other side's late filed Trial Declarations
Posted: Sun Dec 28, 2014 9:46 pm
The easier you make it for the judge to rule in your favor, the more likely
he is to do so.
One way to make it easier for him is to use the page numbers entered by the
Court on top of the documents. The declarations/trial briefs should all
have them. If they do not, attach the whole thing as an exhibit and you add
the page numbers yourself. Acrobat will do that in 5 seconds for you. If
you don't have the software, send me the brief, I'll do it for you. In
other words, the last thing you want is for the judge to overrule your
general objection and be left with a bunch of unobjected to evidence. You
have to object on a statement by statement basis no matter what, so focus
on that and stick a general objection on the front when you're done.
Sincerely,
Michael Avanesian, Esq.
Avanesian Law firm
101 N. Brand Blvd, PH 1920
Glendale, CA 91203
On Sun, Dec 28, 2014 at 7:40 PM, Holly Roark hollyroark22@gmail.com
[cdcbaa] wrote:
>
>
> For trial, BR does direct testimony by way of declaration, and all
> declarants must be available for trial.
>
> I received the pro per plaintiff's declarations and trial brief, but he
> admittedly filed everything a day late. BR gave us our deadlines a while
> ago and plaintiff had plenty of time to prepare. What he filed was not only
> late but is over 100 pages of rambling and unauthenticated exhibits with no
> page numbers.
>
> I am wondering whether BR would throw it out in its entirety simply for
> being late filed (?). Also, in terms of objecting to it, its very hard to
> object to specific portions because there are no page numbers.
> Occasionally there are paragraph numbers, but these are spotty and the same
> numbers are repeated later. Does anyone have any recommendations or a
> sample for objecting to/dealing with pro per declarations and documents?
> First of all, there's no sentence in the beginning that says it's made on
> the plaintiff's personal knowledge, but I did find a reference to personal
> knowledge thrown into the middle somewhere. It is signed under penalty of
> perjury, but most of the declaration is speculation, like "Debtor can't
> possibly be spending that on rent...", etc.
>
> Normally, I'd want to go paragraph by paragraph and object to the items
> that are truly objectionable, but when the whole thing is just a mess, how
> do you handle?
>
>
>
> Holly Roark
> Certified Bankruptcy Specialist*
> *and Sports Lawyer*
> 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.**
>
>
>
>
The easier you make it for the judge to rule in your favor, the more likely he is to do so.One way to make it easier for him is to use the page numbers entered by the Court on top of the documents. The declarations/trial briefs should all have them. If they do not, attach the whole thing as an exhibit and you add the page numbers yourself. Acrobat will do that in 5 seconds for you. If you don't have the software, send me the brief, I'll do it for you. In other words, the last thing you want is for the judge to overrule your general objection and be left with a bunch of unobjected to evidence. You have to object on a statement by statement basis no matter what, so focus on that and stick a general objection on the front when you're done.--Sincerely,Michael Avanesian, Esq.Avanesian Law firm101 N. Brand Blvd,PH 1920Glendale, CA 91203On Sun, Dec 28, 2014 at 7:40 PM, Holly Roark hollyroark22@gmail.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.