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Posted by Anna on February 24, 1999 at 11:47:35:

I did ask my atty, but did not quite understand the answer: too many references in Legalese... not my native language!
Non-payment with 'fatal defects' on Petition: trial date: soon, too soon...

If landlord 'rests' its primia facia case with bad/missing data/papers and judge denies motion to dismiss, can LL 'reopen' or 'update' or otherwise correct/amend them in rebuttal?
My reading: my atty: no, not really... LL atty: yes.
If it is caselaw: both can be correct answers & the result will depend on knowledge & skill of closing argument, but if it is statute, there is only one answer?

Follow Ups:

• Re: Courtroom procedure question satori 2/24/99 (1)
  • Re: Courtroom procedure question: thanks, got it Anna 2/25/99 (0)

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Comments:
: I did ask my atty, but did not quite understand the answer: too many references in Legalese... not my native language!
: Non-payment with 'fatal defects' on Petition: trial date: soon, too soon...

: If landlord 'rests' its primia facia case with bad/missing data/papers and judge denies motion to dismiss, can LL 'reopen' or 'update' or otherwise correct/amend them in rebuttal?
: My reading: my atty: no, not really...  LL atty: yes.
: If it is caselaw: both can be correct answers & the result will depend on knowledge & skill of closing argument, but if it is statute, there is only one answer?
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