QUESTION
What are my options at this point to get the case ruled immediatly? And what do i do about the defendant having my evidence?
Asked on Dec 16th, 2018 on Breach of Contract - Colorado
More details to this question:
dec 4th was the original court date for which i am the plantiff in a small claims case. On that date the defendant showed and claimed he was not served properly. The judge told him he was , and to go to the clerks right than and file his response to the case.. He came back not realizing it cost money so the judge continued it for another week. The defendant took my evidence folder with him that day and all of my info and proof to the case and now was able to study it. Dec 11th came and the defendant said he was out of town all week and still didnt have time. I was floored when the judge once again granted him another week time. I asked the judge what was the evidence the defendant had and what was his reponse to the case and he said i dont know. The following day I went to the clerks office seeing if the case could be seen any quicker at that point they informed me of a counterclaim with no other info. 3 days later I get a message that court has been resheduled to jan 9th.
1 ANSWER
I'm sorry, but I think your chances of getting a ruling before the new scheduled court date are zero. Right or wrong, the Judge decided to adjourn the hearing to 1/9, and there is no way to get that overturned, certainly not in time to do any good. I'm sure you are very frustrated, but civil litigation takes a long time (I am right now working on a case which started in 2001) and even in small claims court, where they streamline the process and try to get the case moving faster, they are unlikely to be very concerned about a 5 week delay. They are much more concerned about making sure that every party has an adequate opportunity to make their case. As for your evidence, again small claims court is somewhat different, but as a general rule the defendant has the right to see your evidence before trial and vice versa (I assume that you provided copies, not the originals). Parties are supposed to be able to study the other's cases beforehand. "Trial by ambush" is very much frowned upon.
Answered on Dec 17th, 2018 at 1:57 PM