Yo Muscadine Wine--how'd your trial go?
| Cerebral coral forum twinkling uncleanness | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Burgundy Rambunctious Gas Station Blood Rage | 05/03/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | Obsidian sex offender | 05/03/18 | | drunken state water buffalo | 05/03/18 | | Obsidian sex offender | 05/03/18 | | drunken state water buffalo | 05/03/18 | | Obsidian sex offender | 05/03/18 | | drunken state water buffalo | 05/03/18 | | Obsidian sex offender | 05/03/18 | | medicated famous landscape painting bawdyhouse | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | medicated famous landscape painting bawdyhouse | 05/03/18 | | Obsidian sex offender | 05/03/18 | | medicated famous landscape painting bawdyhouse | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Coiffed Keepsake Machete Mental Disorder | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Coiffed Keepsake Machete Mental Disorder | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | Obsidian sex offender | 05/04/18 | | Cerebral coral forum twinkling uncleanness | 05/04/18 | | Obsidian sex offender | 05/04/18 | | medicated famous landscape painting bawdyhouse | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Obsidian sex offender | 05/03/18 | | medicated famous landscape painting bawdyhouse | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Spruce Wild Stead Gunner | 05/03/18 | | Obsidian sex offender | 05/03/18 | | drunken state water buffalo | 05/03/18 | | medicated famous landscape painting bawdyhouse | 05/03/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | Obsidian sex offender | 05/03/18 | | drunken state water buffalo | 05/03/18 | | Obsidian sex offender | 05/03/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | drunken state water buffalo | 05/03/18 | | Obsidian sex offender | 05/03/18 | | drunken state water buffalo | 05/03/18 | | Obsidian sex offender | 05/04/18 | | Cerebral coral forum twinkling uncleanness | 05/03/18 | | bateful step-uncle's house windowlicker | 07/17/18 | | Obsidian sex offender | 07/17/18 | | Cerebral coral forum twinkling uncleanness | 07/17/18 | | Obsidian sex offender | 07/17/18 | | Cerebral coral forum twinkling uncleanness | 07/20/18 | | bateful step-uncle's house windowlicker | 07/17/18 | | Obsidian sex offender | 07/17/18 | | bateful step-uncle's house windowlicker | 12/04/18 | | bateful step-uncle's house windowlicker | 12/05/18 | | Obsidian sex offender | 12/05/18 | | bateful step-uncle's house windowlicker | 12/05/18 |
Poast new message in this thread
Date: May 3rd, 2018 3:03 PM Author: Obsidian sex offender
Yea man, bench trial, waiting for the ruling. It was a good trial for me, the other side was from out of town (and didn't know our Judge [deleted], and they were not experienced trial attorneys and got lit up on evidence objections. EDIT: they got in maybe 1/3 of the evidence that the brought. It was a bloodbath.
It was a partnership dissolution case, total assets at about 3.5 million, total debt about 1.5 M. So, real money at stake.
[deleted]
So, great trial.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35974715) |
|
Date: May 3rd, 2018 3:21 PM Author: Obsidian sex offender
Absent an order, we have no obligations prior to trial, it's on the attorneys to be prepared.
Yea, per your story, at bench trial, that's about the way it goes. Really, if you're going to try a case without a real discovery scheduling order, you had better prepare for a shitshow (or you had better be prepared to spring some shit).
In this trial, I actually did a motion in limine trying to keep out an expert report because it was turned over late. I knew I'd lose that motion, but I wanted to get the other side on record saying that this late disclosure was OK, no scheduling order, etc., and of course they fell right into that trap. When the other side argued about my non-disclosure, the Judge actually brought up that "this is different than what you said about your expert report." I can't execute that move much better than I did in this trial.
I could have made a motion to close discovery at the beginning of trial, and I was very concerned that they might, but I bet correctly that they didn't know what to do/ didn't guess at what was coming. This shit is incredibly fun to do.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35974884) |
|
Date: May 3rd, 2018 3:39 PM Author: Obsidian sex offender
You have to know how much you can get away with. I turned over 6k documents, and the stuff that came in last minute were not in my possession until just before trial.
Had I showed up with 13 binders full of documents at trial, they surely would have been excluded.
This is an art, not a science.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35975017) |
|
Date: May 3rd, 2018 3:29 PM Author: Obsidian sex offender
Yes. Just prior to the discovery deadline, you file a motion to compel on something (there's always something) and ask in that Order that they have until ____ to produce everything they intend to produce at trial.
Then, motion in limine to close discovery.
Even that is not air tight, but would certainly protect against nonsense like what happened at my trial.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35974959) |
|
Date: May 3rd, 2018 3:26 PM Author: Obsidian sex offender
A large chunk of stuff they thought they could get in through business records, but they didn't bring the records custodian to verify. DING!
Also, they tried to get a lot of EMails in and got Hearsay-dinged. They tried everything, including trying to read the Emails and ask their client about them, but nothing worked. Tried that "not to prove the truth of the matter asserted bullshit," Judge just smiled and shook his head "no."
I did a motion in limine to limit testimony on one subject, and that was granted, so a large chunk of documents they intended to introduce became irrelevant. I made about ten 401 objections and they all were sustained.
EDIT: also, I didn't think that they were prepared for the evidence fight that found themselves in. These other attorneys seemed to do most of their work in arbitration, and they tried this case like an arbitration.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35974939) |
|
Date: May 3rd, 2018 3:35 PM Author: Obsidian sex offender
Yes, but they were Emails directed to their client. I have no idea why they thought they could get these in, and they really got cranky when all of these got bumped.
There is no substitution in trial to simply have a lot of experience in trial. These guys had their Rule Book, they were making these strange evidence arguments, and they got shredded.
There were two attorneys on the other side, both about 10-15 years my senior, but they were not experienced state court trial attorneys.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35975002) |
|
Date: May 3rd, 2018 3:54 PM Author: medicated famous landscape painting bawdyhouse
fuck that email hearsay stuff makes me nervous. I need to bone up on this stuff.
Couldn't they argue that the emails were business records or some kind of party admission?
Or that their client was the recipient of the email and had knowledge so they could testify about it?
(sorry if my evidence knowledge is lacking, I haven't been to a trial in a long time)
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35975107) |
|
Date: May 3rd, 2018 4:10 PM Author: Obsidian sex offender
Email
To: shithead client
From: bitch who has bad information
Subject: shit my client did
Text: HEARSAY
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35975216) |
|
Date: May 3rd, 2018 4:23 PM Author: Obsidian sex offender
I was floored.
EDIT: these cases usually settle, and people who have specialized in things like business law tend to have very little trial experience. These guys came from a white shoe fancy ass firm and knew the law, had very good law-itude and great demeanor, client control, etc., and certainly looked the part. However, these cases almost never go to trial, so they have very little experience actually in trial.
I suspected that they were out of their element when they couldn't accurately predict the amount of time they needed for trial.
I cut my teeth in shitlaw family court/ DSS, handled hundreds of civil trials, so there is nowhere that I"m more comfortable than at a bench trial. I'm like a fucking ninja turtle coming out of the gutter with fucking nunchucks.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35975318) |
|
Date: May 3rd, 2018 4:56 PM Author: Obsidian sex offender
I spent the day on Friday on a Blackjack 25 (a friend's boat) and I went about 20 miles out, caught all sorts of stuff.
On Saturday, I went on my boat, a Pioneer 18.
Fishing was great.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35975560) |
|
Date: May 4th, 2018 9:59 AM Author: Obsidian sex offender
On Friday in the ocean we spent most of the day bottom fishing on nearshore reefs. There is a really cool reef about 10 miles out that's made up of old army tanks, we caught some great black sea bass (which are really just smaller groupers). We also caught some bluefish, a weakfish, a small hammerhead (bonnethead), as well as some bonita that we tracked through birds. My buddy from college brought up his 25, and it was outfitted with all sorts of great stuff - he had a GPS trolling motor, which was absolutely 180 - we were in 75 feet of water, so anchoring over the reef was a no-go, so he just activated the trolling motor and set it to keep is on the exact GPS coordinates (right over the reef) - it was like something out of Skynet, the boat stuck on that one spot better than if it were anchored. The boat also had a great depth finder with side scanning capabilities and multiple scan types, making it very easy to find the reefs. It was an amazing boat. This is basically the exact boat: http://www.boats.com/power-boats/2017-blackjack-256-6512321/?refSource=standard%20listing#.WuxmFIgvzIU
On Saturday I stayed in the sound & creeks, we caught bluefish and some redfish. Saturday was a fishing tournament that my firm sponsored and we had 5 boats full of guys participating, and there was a lot of fish caught. One guy caught a great sheepshead and there were a few good looking flounder caught. I love my boat, and I had 3 guys on it, but is not in the same class as the Blackjack. I don't take it out past the 10 mile mark, and it has good GPS and fish/depth finders, but it is a 2012 and the tech is just behind. This is basically my boat: https://www.thehulltruth.com/boat-commercial-classifieds-marine-services/482213-2012-pioneer-180-sportfish.html
EDIT: great way to decompress after a hard fought trial
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#35980032) |
|
Date: December 5th, 2018 4:05 PM Author: Obsidian sex offender
The Court ruled against me, kind of. The other party got the business (and absurd debt) but my client's equity in the company was preserved. It's not what my client wanted, but the offer prior to trial was for my client to give up the business and pay 100k, so I suppose it's OK.
I got the ruling last month.
I was upset because my client wanted the business, but really, after some time to reflect, the decision is fine. Provided that the other party completes all of the refinancing required, we are not going to appeal. I have a R59 motion in just to preserve issues, but I have not filed a motion to stay.
(http://www.autoadmit.com/thread.php?thread_id=3967308&forum_id=2#37355605) |
|
|