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Vacated?

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G

gaffier

Guest
Arizona

I recieved a letter in the mail from the local superior court stating that a trial date was requested vacated by the plantiffs attourney. I'm assuming it is about a past debt I had with the bank (the plantiff). But, I had not even heard there was a trial or any other word until this letter. What does it mean?
 


stephenk

Senior Member
it means the trial date set by the court was asked to be vacated by the plaintiff's attorney.

You should go to the court and ask to see a copy of the file.
 
G

gaffier

Guest
???

Please excuse my ignorance, but what exactly is he asking for when he asks for it to be vacated?
 

I AM ALWAYS LIABLE

Senior Member
Re: ???

gaffier said:
Please excuse my ignorance, but what exactly is he asking for when he asks for it to be vacated?

My response:

Apparently, the court set a trial date. The plaintiff, for whatever reason (and for "good cause" shown) is asking, or has asked, that the trial date be taken off calendar, as if it was never set by the court.

This can happen in one of two ways - - a plaintiff may ask to have a trial date "vacated" or may ask that the date be "continued". There is a strategic, legal, difference between the two.

For example, if the Plaintiff is not completed with its "discovery" of facts, the impending trial date may not afford enough time to complete discovery; e.g., interrogatories to you, the Defendant. So, in order to reopen the opportunity to serve discovery papers, and to eliminate the "discovery cut-off" rule, the Plaintiff can ask to have the trial date "vacated." Asking for a "continuance" of the trial date does not extend the time to serve "discovery" on you, the Defendant.

You may oppose the Motion of plaintiff, and your opposition must be in writing, in proper format, and submitted to the court and opposing counsel.

IAAL
 

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