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-   -   Rule 296Request for findings of facts and conclusions of law (https://www.askmehelpdesk.com/showthread.php?t=112290)

  • Jul 22, 2007, 06:55 AM
    Taanyaw
    Rule 296Request for findings of facts and conclusions of law
    Help! I am sick with worry! Recently I was a defendant in a civil suit in which the plaintiff claimed my dog killed some of his goats... long story short... the judge ruled in my favor. Now this guy (the plaintiff) has hired an attorney! And filed a Rule 296 Request for Findings of Fact and Conclusions of Law. I thought once the judge made his ruling that was the end of it. Now I'm afraid this thing is going to go to court AGAIN and I'll have to hire an attorney. All of which is going to end up costing more than the original suit which was about $2300 (pretty high for some goats!). I feel this guy is just trying to bully me. What can I expect? What can I do to protect myself just shy of hiring an attorney! I'm a full time student at this time and I have not got the time or money to wrestle this thing.
  • Jul 22, 2007, 07:54 AM
    Fr_Chuck
    While I perfer my goats BBQ'ed, he can appeal the ruling done in small claims court, ( if that is what he is doing) but that may or may not be what he is doing. You will need to hire an attorney to look into it. Also remember to file for attorney fees, so if he loses again he has to pay your attorney also.

    But this is very common to keep taking someone back to court until
    1. you will
    2. you costs the other party so much, they lose because they can't afford to fight it.
  • Jul 24, 2007, 04:45 AM
    mr.yet
    Obtain the transcript o fthe first hearing, read the ruling the judge made.

    File Notice of Intend to Defend, but this time request in you respond judgment against the plaintiff or all expense incurred in the matter. By doing this if they lose again they will have to pay your expense for their alleged claim.

    File Motion to Dismiss, along with the Notice to Defend, matter already judged in Case # ______.

    File a discovery with the attorney, to provide you will any and all documents, pictures, etc of the alleged attack.

    The first one to leave the battlefield loses. Request and request any and all items you deem necessay for you defense.

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