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motion to compel discovery

Lack of Research and Knowledge About Court Procedure and Rules of Evidence Will Bury You

1 Comment / burden of persuasion, burden of pleading, BURDEN OF PROOF, discovery, Discovery -Subpoena, Fabrication of documents, foreclosure defenses, Motion Practice and Discovery, Pleading, TRIAL OBJECTIONS / By

There are many well intentioned people and lawyers who go into court to contest foreclosure cases with the expectation that the foreclosure mill must prove ownership and status of the loan. In plain language they don’t need to prove that because of a legal fiction called a “legal presumption.” That is a shorthand way of …

Lack of Research and Knowledge About Court Procedure and Rules of Evidence Will Bury You Read More »

Boilerplate Answers to Discovery Won't Cut It. If Plaintiff does it, they lose the claim. If Defendant does it, they lose the defense.

12 Comments / burden of persuasion, burden of pleading, discovery, Discovery -Subpoena, evidence, foreclosure defenses, jurisdiction, legal standing, Motions, Pleading, Presumptions, prima facie case / By

see https://www.natlawreview.com/article/district-court-requires-plaintiff-to-disclose-evidence-about-noneconomic-loss I have been writing, lecturing, and just saying the same thing since 2006. Homeowners don’t need to prove anything. The objective in Foreclosure Defense is to prevent the claimant from pursuing their claim. If you are not willing to do all the necessary   work and to make certain you have it right, then …

Boilerplate Answers to Discovery Won't Cut It. If Plaintiff does it, they lose the claim. If Defendant does it, they lose the defense. Read More »

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