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Posted by Anna on February 25, 1999 at 09:42:55:

In Reply to: Re: Courtroom procedure question posted by satori on February 24, 1999 at 20:34:56:

: : 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?
: :

Thanks satori: a Civil-litigator, not L&T-litigator, explained it a little more, and also made some suggestions which should help when speaking with attys in general..
Once the landlord 'rests' its prima facia case (stuff on the petition), it is supposed to be final, sometimes a judge will let it add more evidence relating to its 'prima facia' case during the rebuttal phase BUT this is an appealable 'error in law'.
On the practical side: appeals are very very expensive, my atty's job is to stop the judge from making 'errors in law'.

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: : : 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?
: : :  

: Thanks satori: a Civil-litigator, not L&T-litigator, explained it a little more, and also made some suggestions which should help when speaking with attys in general..  
: Once the landlord 'rests' its prima facia case (stuff on the petition), it is supposed to be final, sometimes a judge will let it add more evidence relating to its 'prima facia' case during the rebuttal phase BUT this is an appealable 'error in law'.
: On the practical side: appeals are very very expensive, my atty's job is to stop the judge from making 'errors in law'.


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