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Originally Posted by dystopia
BOBT12, thank you for taking the time to answer in such detail.
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My pleasure.
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Originally Posted by dystopia
Here is one point that I'm confused about.
How do I challenge SMJ if they have an affidavit and I've past the time where I can question the introduction of the business records secured by the affidavit?
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An affidavit is considered true, unless it is challenged. You can challenge the affidavit, as a live witness, you can be cross-examined which will likely produce more credible evidence.
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Would that not complete the competent fact witness angle?
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I am not sure how to answer this question. A
competent fact witness should have first hand knowledge of the events in question, such as, they hand delivered the records or funds to you.
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Originally Posted by dystopia
I mean I know the so-called competent witness could be an ex-con working in a boiler room but what can I do about it?
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You may want to raise a challenge. This is what cross-examination is for.
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Originally Posted by dystopia
Would I challenge SMJ as a seperate issue from the business records?
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Yes, if you can show for instance, that this whole matter should be directed to the other individual that was named in some of the do***ent submitted in your case, there is no longer any Subject Matter Jurisdiction for the court to proceed against you, and the matter must be dismissed!
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Originally Posted by dystopia
I already have in my motion for summary judgment but the judge is scheduled to rule on it today.
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Let’s see what happens.
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Originally Posted by dystopia
BTW I filed a motion to continue earlier this week to get a lawyer and I just got the letter that the plaintiff consents so the trial will probably not be today but I will show up anyway.
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Better safe than sorry. It may be a good idea to get a little more time to prepare.
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Originally Posted by dystopia
Thanks again.
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No problem.