I file WOM Pro Se in February 2007. 60 days later we got MTD and immideatly file the respond. Couple of days later received the notification of hearing for MTD on June 1, right after it we received the letter notifiing aboot Pretrial conference for June 6. Is anybody had a similar experience. Why we got both? If I loose MTD what will happend with pretrial?
Did anybody went for hearing of MTD? How do I need to prepare?
Did anybody went for Pretrial conference? Also, how do I need to prepare? I don't see much info about it anywhere... Please experts help!!!!
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If the court grands defendants' motion to dismiss, you lost, case is over, the pretrial hearing will be taken off from the court calendar. If the motion is denied, AUSA still needs to file an answer to your complaint (remember, the MTD is not a substitute for an Answer). At the pretrial conference probably won't happen too much. The judge will instruct AUSA and you about the next move; it is possible that there will be no trial, and the judge will rule based only on the filed documents, but it is also possible that you will be heading to a full trial, which is usually preceded by the discovery phase.
For the hearing on the Motion to Dismiss you should be able to present briefly your case, what do you want, why do you think that you are entitled for what you asked in your prayer, why do you think that the court has jurisdiction over your case. Essentially you need to be very familiar with the two documents you filed before: your complaint and your opposition to defendants' MTD. Be realy professional, dress professional, talk to the judge and AUSA respectfully, but be confident and decisive. Try to present what you want simply, using short sentences and leave for the backup the 'legalese'. At that chapter you certaily can't beat AUSA, s/he is doing this for living, you are only an amateur. But you are right, s/he is wrong and this should give you the moral superiority. Just don't show this too evidently.
Remember, this is not personal, at least not for them. It is 'just' a case what they need to solve in one way or another, they don't hate you or don't like you. The more you manage to leave outside the court room your emotions and bring in your rationale, the higher are the chances that you will prevail.
If the judge denies the AUSA's motion to dismiss, you almost won your case. Even if the judge will not rule immediately on your favor, thsi will be clearly a signal that s/he is not buying the government twisted arguments and now you will need to convince him/her that the delay in adjudicating your case is unreasonable. But this will come in the next move; for now concentrate to learn really well your complaint and opposition to the MTD. If you are done with that hearing and your case is still alive, we can continue from there, depending on the wording of the order.