Wednesday, April 20, 2005
Trial is set for Wednesday morning (today). Monday in the late afternoon, client says doctor says she should not go to trial on Wednesday because the stress is exacerbating some health conditions which require surgery which should occur during the next week. The doctor's office confirms this information. However, the doctor is out until Tuesday afternoon. What to do? Call court and opposing counsel and leave messages. Tuesday, draft paperwork to request vacating the trial and add affidavit with doctor's note. Fax to opposing counsel and file with the court, getting things filed late in the afternoon because of the wait for the doctor's supporting note.
We go to the hearing this morning as we must because in all likelihood the judge will deny the motion to vacate. The judge asks if we have settled or are we ready to put on evidence? We were close to a settlement last time we spoke, but at a slight hitch, opposing counsel grew impatient and said, "Let's just go to trial." So I ask for half an hour to try and settle. The judge says okay, but no more because he has a full afternoon calendar. At the end of half an hour the clerk asks if we are ready. We are really on the verge of settling everything so the judge gives us a few more minutes. Everything gets settled but one particular cost. The parties disagree on how to split that cost. Opposing counsel thinks the court has discretion; I think the rule is clear. We submit it to the court and, yes, the rule is clear. Stipulation on the record and back to the office.
The first phone message is from the judge's clerk from the afternoon before, informing me that the judge got my paperwork and denied my motion to vacate -- no surprise. Maybe the denial helped my client come to a settlement (at least I think that is what the judge was hoping).
We go to the hearing this morning as we must because in all likelihood the judge will deny the motion to vacate. The judge asks if we have settled or are we ready to put on evidence? We were close to a settlement last time we spoke, but at a slight hitch, opposing counsel grew impatient and said, "Let's just go to trial." So I ask for half an hour to try and settle. The judge says okay, but no more because he has a full afternoon calendar. At the end of half an hour the clerk asks if we are ready. We are really on the verge of settling everything so the judge gives us a few more minutes. Everything gets settled but one particular cost. The parties disagree on how to split that cost. Opposing counsel thinks the court has discretion; I think the rule is clear. We submit it to the court and, yes, the rule is clear. Stipulation on the record and back to the office.
The first phone message is from the judge's clerk from the afternoon before, informing me that the judge got my paperwork and denied my motion to vacate -- no surprise. Maybe the denial helped my client come to a settlement (at least I think that is what the judge was hoping).
// posted by Zerin Hood @ 12:16 PM 
