Expert: Barnette Law Offices, LLC - 11/3/2008

Question
QUESTION: I was served a summons back in June, I filed my answer and now I get a Motion for Summary Jud. in the mail and a court date for Nov. 19th.  Is there any response I can send back to this motion?  I have been trying to contact the lawyer from this firm, Weltman, Weinberg and Reis, and she will no call me back.  I have studied the RCP for Kentuckya and I can ask for a more definitive statment.  I am at a loss as to what to do now.  Our local rules of civil procedure call for a pre-trial hearing but I am not sure if this has to be ordered by the judge or if I can just request one.  Any advice would be appreciated.

ANSWER: Ellen:

  The time to file a motion for a more definitive statement has passed insofar as you've filed a response pleading.  You must file an Opposition to Plaintiff's Motion for Summary Judgment and highlight therein as many material issues of fact as possible.

        Jason Barnette
        Barnette Law Offices, LLC
        http://www.barnettelawoffices.com
        615-585-3885

---------- FOLLOW-UP ----------

QUESTION: Thank you so much for answering.  Another question I have is, would the affidavit that they sent with the documents be considered hearsay?  The credit card company does not know where this person is that signed the affidavit. Also, this particular credit card does not show anywhere on my credit report, if that has any bearing. If I have to pay it, I have to pay it, but I am trying to prevent a default judgment.


Answer
Ellen:

   Yes, it would be considered hearsay unless the Affiant is produced in court and is open for cross-examination.

         Jason Barnette
         Barnette Law Offices, LLC
         http://www.barnettelawoffices.com
         615-585-3885