The reason why most people lose in summary/default judgments...
Suddenly the opposition files for summary judgment and you have a hearing before the judge. You argue your case in written and oral arguments. The judge proceeds to ignore all your citations of law and all your arguments. He rules against you and dismisses your case. So what is it that allows the judge to ignore your arguments and make nonsensical rulings?
Before I answer that let me give you two examples of judge’s statements from the bench that we have on the record.
In both cases, the judges refused to tell the plaintiffs why they made their rulings. One judge said that plaintiffs must take it to Appeals and let Appeals tell plaintiffs why the judge dismissed their case! So now we are informed of two things. First, there is a secret court ruling or procedure that the judges are colluding in and they do NOT want you to know what it is. Second, the judge is stating that the Appeals Court judges also know what that secret ruling or procedure is. Amazing, utterly amazing!
Secret Agenda
Now I will tell you what that secret agenda is. There are a number of high court rulings that state that the court cannot decide on the basis of argumentation and must decide on facts presented to the court by a competent witness. You however did not raise your hand and testify at your hearing. You even failed to present any witnesses because you thought you were testifying when you were giving oral arguments!!! You actually did not raise your hand and swear to give testimony.
You could have presented your testimony before you went to hearing by filing an affidavit sworn by you or any other competent witnesses, but you failed to do that also. You could have presented a court deposition as testimony. But you didn’t. Oh my, no wonder you got clobbered! But WAIT, there is one more thing that you probably failed to do and now I’ll explain that.
The last thing that you probably failed to do was to enter your evidence by means of a competent witness. Remember the famous “voter punch cards” that were brought into the court to show the electi! on was flawed? The judge never even looked at them and threw Al Gore’s lawyers out of court. The press was upset over this and no one knew why! THIS IS WHY… The boxes of punched cards were never presented to the court by a competent witness. There had to be a witness to state that the cards came from such and such precinct and that they witnessed the cards being gathered up and boxed and transported and they could testify to all such matters. Without the witness, how would the judge know if there had not been tampering with the cards during the gathering and transporting of them? Lawyers cannot be witnesses in the case nor can any statements be made by them that could be considered testimony. So much for high priced lawyers!
One more thing that will be helpful to you in your court filings is this. The opposition will Answer some of your paragraphs with a statement like this: Plaintiff failed to state a claim on which relief can be granted. Court rules state that you have three options to answer: Deny, Admit, or state that not enough information is given to make a determination as to the statement. Just use the last option and let the attorney explain in court what he meant.
One more caution
Some have been arguing that if an attorney makes a statement or statements in court that you should object because the attorney cannot give testimony. Bologna! The attorney is not giving testimony because he is not sworn under oath. His statements are mere argumentation and he has a right to make his arguments.
His client is the one who gives testimony under oath and the attorney never does. Don’t put yourself into a foolish situation like that!
Now that you know their secret agenda you can go into court and win.
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