Wording un 4F form application

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highwaystar
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Re: Wording un 4F form application

by: highwaystar on
Tue May 05, 2015 6:20 pm

You DO realize that the prosecution has templates (books of authority, facta, replies, etc.) readily available to reply to Charter applications, right? You're doing ALL this work filing a section 7 application and throwing whatever you think will 'stick' and in about 30 minutes, they'll pump out a reply and gather whatever they can to meet their disclosure obligation. They'll then hand you the disclosure and you're left with no further argument since your application is only based upon a section 7 breach that no longer exists. So, all you can do is go to court and get an adjournment. Now, you'll have to start the WHOLE charter application process all over again----this time HOPE that you might get a remedy under an 11b application for unreasonable delay.

While I commend you for your zeal, sometimes it just makes no sense to waste time like that. Instead, if you were to you play your cards right, you would have argued at your next court date their failure to give full disclosure and ask the court to order them to comply. The prosecution is therefore on NOTICE on the record in front of the court and cannot later argue that they weren't aware of this issue. The court will then be sympathetic with you for your patience. An adjournment will still be given, but they'll be more than willing to accommodate your needs since the delay is not your fault. THEN, on the subsequent adjourned date, you would argue for the 11b unreasonable delay stay citing the unreasonable time it took to get proper disclosure and prepare for your case and how prejudicing this has all been to you! The court will THEN be much more willing to grant you relief!

Litigation requires careful strategy. Don't jump on every issue or pull the trigger prematurely. Otherwise, you might actually ruin a potential good strategy that WOULD have had better odds of yielding positive results if you had just been patient! :idea:


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