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re: Judgment without day in court? In Colorado
Mon, Sep 10 2007 12:08 AM
Joined on Thu, Mar 30 2000
I got served that way once---and I did a rather quick study of the rules and made a timely pro se response in the required format.
Under my set of rules I essentially countered one by one each fact the party said was not indispute by a short description of why it ws in fact yet to be resolved. I need not win every point--only enough to prove to judge that it was not a closed set of facts ready for courts decision. Now on some points we were in agreement--but I was successful in countering--and showe dup on motions hearing and we went to trial a few weeks later.
But you darn well need to bone up on your states set of rules, your local courts set of special rules if any---or use professional counsel who knws the scorecard.
(I lost some points because I didn't know some rules--and the judge really didn't want somebody pro se messing up his court.)