Michael B Cosentino's Answers

Deposition, urgent help needed please

Thank you for your question. Proceeding pro se is a little tricky when it comes to depositions. It is important that you follow the rules of the particulr jurisidiction. In this case, Massachusetts rule govern the manner in which a deposition is to be taken with proper notice. Your best best is to contact the clerk of the court where the case is pending. The clerk will be able to answer your question with particularity to the particular jduge handlling the case. I would suggest that you...

How do I request arbitration fees waived? Can I ask the arbitrator to force the plaintiff to validate the debt so I can prepare?

The answer to your questions is: it depends. Most arbitration services have forms which you can fill out and request a waiver of fees. The waiver is usually based upon the inidividual's income and the ability to pay. Typically in an arbitration you are entitled to what is known as "discovery". Discovery allows you to get information and documentation from the other side. Litigation is not a trial by ambush.

1 lawyer agreed with this answer

1 person marked this answer as helpful

What is the standard process for getting a trial date? Can we do it via teleconference since we are 800 mi. from jurisdiction?

The process is simple. You should contact the clerk of the court and find out the name of the court clerk assigned to the case. Assuming you are not represented by counsel you should should draft a short letter to the court clerk explaining your sitiuation and request a trial date. Your request will then be presented to the court for consideration.

Is an upcoming trial date a public record?

Anything filed in correct is a matter of public record absent an order from the court sealing the record. HOwever, you should be careful in what information you disclose. It is best to have the news media discovery the information that they find pertinent on their own.

Depostion

It depends . I would always suggest that you have a lawyer present for any legal proceedng including a deposition. Are your a party to the action? if so, a lawyer should be present to protect your interests. If not, I would suggest that at a minimum you consult a lawyer prior to attending the deposition to go over whether the information you possess is relevant to the dispute. A lawyer serves many functions at a deposition, most importantly protecting your interests and making sure the...