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Motion necessary to introduce more evidence?

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FrankLegalman

Junior Member
What is the name of your state (only U.S. law)? Michigan

Hi, I filed a small claims case that the defendant removed to general civil court (under $25,000), and I am representing myself there (pro se), but I'm unclear as to whether I need to make a motion at the pretrial conference. The defendant made more infractions than originally stated in the small claims case, and I'd like to introduce them. I did state there would likely be more reported later in my original small claims case, but I wondered if i need to make a motion to list the new infractions.

Also, on the pretrial conference form it says "discovery shall be concluded by ________" and I have not yet even had contact with the defense attorneys. I was going to complete the blank with "unknown at this time", and am wondering if that's best.

Thanks, Frank
 


FlyingRon

Senior Member
What do you mean evidence? Generally, you don't present evidence at all in your filing. You just make your claims. Are you saying there are more claims you want to add? Then you do need permission to amend (you make a motion).

If you're not requesting discovery form the other party, what you write in the blank is largely immaterial. Typically you put it at some date in advance of the actual trial. If you have a pretrial hearing, the date will mutually be decided between you and the other party.
 

FrankLegalman

Junior Member
Thanks Ron, yes that's my mistake, I meant "is a motion necessary to add more claims?" to those in the original complaint. I've never made a formal motion; I just listed the infractions of the defendant in the small claims court filing, and now there are more to add.

The pretrial conference form asks for the motion to be attached, but I am still working on finding all the infractions, and have only two more days until I have to file the pretrial conference form. Can I substitute a letter of intent to attach saying I will have a motion to amend the complaint by the pretrial date?
 

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