What is the name of your state? CA
I have to file a Case Management Questionaire prior to the Case Management Conference next month. I pretty much know how to handle all the questions except the part asking which motions I plan to file. Being Pro Se, I don't necessarily know which motions I "plan" to file. All I want to do is a little discovery to get documents (account history, etc.) from the plaintiff through the plaintiff's lawyer, yet at the same time, want to appear that I "know" what I'm doing. The plaintiff's lawyer pretty much ignores me. We're "supposed" to have a talk (via telephone or in person) prior to the case management conference at least 30 days prior to the actual conference per the Rules of Court (included in the CMC instructions included in the original complaint. I've tried to call him and left messages but he does not return my calls.
Any help/advice on which "Motions" I should put down as expecting to file?
(Basically, it's a case determining whether a specific debt was discharged in a bankruptcy. The case is in Superior Court which has joint jurisdiction to make this determination with the BK court. The BK was discharged in 2001 with no contesting by plaintiff and the debt became delinquent (with no repayment) since 1999. The question in dispute is whether the debt in question was a "student loan" or a debt occuring on an open student account. I don't want to go into a rehash of whether this debt is or is not non-dischargeable, just want advice on Motions I "plan" to file. If it's determined to be a "student loan" it would be non-dischargeable. If it's on an open student account, there's case law and precedents for the debts dischargeability)
Thanks in advance for the reply
I have to file a Case Management Questionaire prior to the Case Management Conference next month. I pretty much know how to handle all the questions except the part asking which motions I plan to file. Being Pro Se, I don't necessarily know which motions I "plan" to file. All I want to do is a little discovery to get documents (account history, etc.) from the plaintiff through the plaintiff's lawyer, yet at the same time, want to appear that I "know" what I'm doing. The plaintiff's lawyer pretty much ignores me. We're "supposed" to have a talk (via telephone or in person) prior to the case management conference at least 30 days prior to the actual conference per the Rules of Court (included in the CMC instructions included in the original complaint. I've tried to call him and left messages but he does not return my calls.
Any help/advice on which "Motions" I should put down as expecting to file?
(Basically, it's a case determining whether a specific debt was discharged in a bankruptcy. The case is in Superior Court which has joint jurisdiction to make this determination with the BK court. The BK was discharged in 2001 with no contesting by plaintiff and the debt became delinquent (with no repayment) since 1999. The question in dispute is whether the debt in question was a "student loan" or a debt occuring on an open student account. I don't want to go into a rehash of whether this debt is or is not non-dischargeable, just want advice on Motions I "plan" to file. If it's determined to be a "student loan" it would be non-dischargeable. If it's on an open student account, there's case law and precedents for the debts dischargeability)
Thanks in advance for the reply
Last edited: