What is a TRIABLE ISSUE?

Previous | Next
 rated by 0 users
Latest post 05-04-2006 11:14 AM by ca19lawyer2. 4 replies.
  • 04-30-2006 9:47 PM

    Question [=?] What is a TRIABLE ISSUE?

    New York City Supreme court

    I just wanted to know if I CAN FILE FOR SUMMARY JUDGEMENT since there are no furtheer discovery
    or triable issues of facts left in dispute
    (whatever that is)

    defendants just denied eveerything ever happened and they dont even know me

    since we were in family court before this court and I have those transcripts which I supplied to defendants during discovery

    it is obvious they do know me

    but they stickin with the general denial and court date has been set for trial

    instead of going to trial and wastin the judges time can i ask for a directed verdict?
    How??
    I truly appreciated any and all answers

    it is definitely to late to hire an attourney at this point

    should I just go ahead and start voir dire of a jury?
  • 05-01-2006 3:01 AM In reply to

    re: What is a TRIABLE ISSUE?

    Whether and when a motion for summary judgment can or should be filed is a matter of state law and procedure. In many states, it must be filed within a certain time prior to trial. I'd suggest you review the NY code of civil procedure. If they entered a denial, there ARE triable issues. An issue is triable if it is in dispute. If you didn't ask for discovery from them, they don't need to do more than "stick with their denial." You can't get a directed verdict before a trial starts and you don't just start voir dire of a jury. If you are serious about continuing to pursue this on your own, I suggest you spend a lot more hours at the law library.
  • 05-01-2006 11:12 AM In reply to

    re: What is a TRIABLE ISSUE?

    "I just wanted to know if I CAN FILE FOR SUMMARY JUDGEMENT since there are no furtheer discovery
    or triable issues of facts left in dispute
    (whatever that is)"

    How can you say that there are no "triable issues of fact[] left in dispute" if you don't even know what that means?

    In order to grant summary judgment, a court must determine that there are no disputed issues that would require determination by a jury. In other words, the facts are undisputed (or undisputable). For example, if there's a car accident case and the evidence is in conflict about whether the traffic lights were red, green or yellow, that's something that would have to go to the jury.

    "defendants just denied eveerything ever happened and they dont even know me"

    That's a pretty meaningless statement without any context.

    "it is obvious they do know me"

    Why is that relevant?

    "instead of going to trial and wastin the judges time can i ask for a directed verdict?"

    A directed verdict is something you ask for at the conlcusion of trial before the jury begins to deliberate.

    "it is definitely to late to hire an attourney at this point"

    If it's too late to hire an attorney, then it's also too late to file a motion for summary judgment.

    "should I just go ahead and start voir dire of a jury?"

    Voir dire is the questioning of prospective jurors right before trial. Obviously, you can't start that until you show up for trial.
  • 05-01-2006 4:10 PM In reply to

    Sad [:(] re: What is a TRIABLE ISSUE?

    Thanx very much for your reply
    I truly appreciate it
    I have been in the Law Library

    and I have been thru alot of things that I had to look up

    If I did have a lawyer this case would have been settled...it seems to me that since i turned down they offer of settlemant (less than a tenth of the original claim) they just want me to Fubar this case

    Most lawyers (and I have consulted many) just don't want to be involved in a case where a prose plaintiff has taken it this far

    I have to carry on my own

    I guess we will just go to trial and see what happens

    Thanx Much I appreciate your replys

    need to wait until after the trial for directed verdict

    I am the plaintiff.. I am done with discovery..

    all they want to do is prolong this but since nobody gettin PAID (at least not on my end) it seems silly
    to continue with discovery

    (they actually asked the judge for permission to depose me AGAIN..she said NO WAY)



    when every thing has all ready been documented in a prior courtroom

    This case is about malicious prosecution

    and the Judge in that case saw fit to refer me to a law firm since they admitted to an Obvious case of abuse of process...

    a lawyer here once posted that Judges do not appreciate their time being wasted

    and that is what I AM TRYING TO AVOID

    we will see

    I just hope the Judge dont take it out on me becuz I did not ACCEPT their settlement offer

    thanx again
  • 05-04-2006 11:14 AM In reply to

    re: What is a TRIABLE ISSUE?

    "it seems to me that since i turned down they offer of settlemant (less than a tenth of the original claim) they just want me to Fubar this case"

    One more time...in English?

    "all they want to do is prolong this but since nobody gettin PAID (at least not on my end) it seems silly
    to continue with discovery"

    I don't quite know what this means, but a party should continue with discovery until it feels it has adequately fleshed out the facts.

    "a lawyer here once posted that Judges do not appreciate their time being wasted"

    Who does?

    "and that is what I AM TRYING TO AVOID. we will see. I just hope the Judge dont take it out on me becuz I did not ACCEPT their settlement offer"

    The judge isn't going to hold it against you that you didn't accept a settlement offer. As for wasting the court's time, the judge is going to be a lot more peeved if you go around making motions you don't understand just because things like "summary judgment" and "directed verdict" sound good to you.
Page 1 of 1 (5 items) | RSS

My Community

Community Membership New Users: Search Community