Court Date without Disclosure
25-Sep-2006, 02:16 PM
#1
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Court Date without Disclosure
I got a speeding ticket back in August of 05. My court date is in October of this year. I hired a paralegal the last week of July of this year. They said they filed for a disclosure and charter 11b (not having a court date within a reasonable amount of time).
So my court date is next Monday. I spoke with my paralegal and he said that they are going to tell the judge that they can not proceed with the case if he does not receive a disclosure before the court date.
Does this sound right? Is not receiving a disclosure a valid excuse for not being able to proceed with the case?
So my court date is next Monday. I spoke with my paralegal and he said that they are going to tell the judge that they can not proceed with the case if he does not receive a disclosure before the court date.
Does this sound right? Is not receiving a disclosure a valid excuse for not being able to proceed with the case?
26-Sep-2006, 03:32 PM
#2
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Yes, he can postpone the date because of non-disclosure. Sometimes they will provide a copy on the same court date and you have the option to proceed or to postpone the date so you can review disclosure. ( though they will try to make you do it the same day )
Using charter 11.b will hopefully get you off. Good luck!
Using charter 11.b will hopefully get you off. Good luck!
26-Sep-2006, 05:09 PM
#3
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Re: Court Date without Disclosure
Originally posted by droppedatbirth
I got a speeding ticket back in August of 05. My court date is in October of this year. I hired a paralegal the last week of July of this year. They said they filed for a disclosure and charter 11b (not having a court date within a reasonable amount of time).
So my court date is next Monday. I spoke with my paralegal and he said that they are going to tell the judge that they can not proceed with the case if he does not receive a disclosure before the court date.
Does this sound right? Is not receiving a disclosure a valid excuse for not being able to proceed with the case?
I got a speeding ticket back in August of 05. My court date is in October of this year. I hired a paralegal the last week of July of this year. They said they filed for a disclosure and charter 11b (not having a court date within a reasonable amount of time).
So my court date is next Monday. I spoke with my paralegal and he said that they are going to tell the judge that they can not proceed with the case if he does not receive a disclosure before the court date.
Does this sound right? Is not receiving a disclosure a valid excuse for not being able to proceed with the case?
I can see the JP saying "You've had over a year to file for disclosure - why did you wait so late? Proceed without it."
11-Oct-2006, 12:04 PM
#6
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Join Date: May 2005
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^^^No, not at all. Well the disclosure never came in on time. They were given 2 months to do so, which is ample time. So my paralegal wasn't going to proceed with the case based on that. So he went to court that day with that as a defense and he also argued the charter 11b to the JP and defeated the case.
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