a friend of mine filed a civil case against a bank last year. problem is, hindi sumisipot ung mga abugago ng bangko, kaya resked ng resked ng hearing. is there any way of countering these squid tactics? ung judge naman daw kasi sobrang lenient, kesyo hindi raw importante o critical ung case, kaya pwede magbigay ng leeway.
di ba you can hold the other side in contempt pag hindi sumisipot sa hearing?
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Tsikoteer
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April 6th, 2005 05:39 PM #1
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Chinese Mafia Don
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April 6th, 2005 05:53 PM #2Technically, yes, they can be held for contempt. Teka, may subpoena na naman siguro?
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Tsikot Member Rank 3
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carb cleaner addict
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April 6th, 2005 06:06 PM #4alam ko dapat bigyan ng judge ng ultimatum yung ayaw uma-attend ng hearing. (just like michael jackson kaya maski naka-pajama pumunta sa hearing ang kumag.)
yung ibang malakas sa batas, nahahatulan "in absentia" ang kalaban.
or baka magka-brother sa fraternity yung bank lawyer at ang judge kaya they have all the time to re-sched the hearing? may motion to dismiss pa sila in case na sumipot. ang masama nito, baka ka-brad din ng bank lawyer ang lawyer ng friend mo at nalagyan na pala ito.
may pulitika/sindikato rin sa mga legal activities/profession.Last edited by zero; April 6th, 2005 at 06:10 PM.
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Moderated
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Verified Tsikot Member
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April 6th, 2005 08:26 PM #6i also had my share of the ineptitude of our judicial system....
tama yun, not appearing on the date specified by the prosecutor is a delaying tactic.. tapos hihingi sila ng extension..
i suggest you ask the prosecutor (to be fair in your part since you have been diligently attending) to ask for affidavit to the involved party on why they haven't been appearing before the prosecutor despite several re-skeds..
Another choice to make it your advantage is to ask the prosecutor to file the suit for review already because of non-appearance by the other party. You could specify in the court hearing once the case has been approved for trial that the other party did not appear before the prosecutor (that would make the other party look guilty)
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Tsikoteer
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April 6th, 2005 08:42 PM #7file a motion for final resolution in your favor, making the lack of interest of the other party as reason to rule in your favor.
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Tsikoteer
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