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GAINING CREDIBILITY ON PROCEDURAL ISSUES

The more credibility you have on procedural issues the more credibility you will have on your substantive issues. The opposite is true as well.

The goal of the rules of procedure is to adjudicate the case on the merits. Most courts try to avoid side stepping the merits of a case by adjudicating on a procedural issue. Therefore you should avoid bringing a violation of a procedural rule before the court unless you are substantially prejudiced, and it can't be easily cured. If you do you will look like you are just trying to ding your opponent, instead of getting justice for your client.

Also avoid sitting on procedural issues so you can claim prejudice later on. If there's a video you know the other side has that is part of discovery request it. If you wait to claim a discovery violation at trial the court could say you knew about the video, so you are not prejudiced. But if you requested it, and still didn't get the video you can claim the violation is willful.

By trying to resolve procedural issues without the court's involvement, or agreeing to allow the opposing counsel to fix any procedural errors you show the court you are litigating the case in good faith, and have more credibility when contesting procedural issues based on the fact you really are prejudiced.

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Aaron Baghdadi

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Aaron Baghdadi