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« Trial Tip for Plaintiffs' Lawyers: Find the Dastardly Deed | Main | A New Case About Discovery Sanctions »

September 16, 2004

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Comments

Daniel Ulibarri

Regarding the purpose: "bring to the trial court's attention (1) newly discovered evidence not available at the time of the hearing". What if evidence is available and presented to one's attorney but the attorney, for reasons unknown to the plaintiff, does not present the evidence to the court. How do the courts treat plaintiff's motions to reconsider or reopen in this situation and what is the best way to present to the court?

Paul Aaron Edwards, Esq.

What is the best way to introduce this plea, given that the grounds are an error in the court's previous application of law?

This sounds like a daunting task.

George Hanover

I'll give you a hypothetical since this is not necessarily restricted to a Court's misapplication of law. Say the defence failed to introduce vital medical evidence regarding his client, which would affect the defendant's presence in court. Say the attorney later withdrew from the case, leaving the defendant pro se. Now the defendant may ask the Court, for example, to reconsider a Motion to Appear by Telephone which is all a defendant can manage. There you are!

Anchorage Personal Injury Attorney

Stringer was taken to the hospital and treated for his injuries. (He ultimately underwent fusion of some of his vertebrae.) Before he returned to work at the IGA on May 29, 2001, Louis Baumgartner, another employee, disposed of the box, which was allegedly manufactured by PCA, in a compactor machine, destroying it.

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