Replies to post #82233 on Apple Rush Company Inc (APRU)

[hedge_fun]

Yet you insist the guide is wrong. it plainly says "Arrange to have available any witnesses and records you need to prove your case AT the trial." That directly contradicts your assertion that all evidence must be submitted to court BEFORE trial.

I never insisted the guide was wrong. To the contrary.

I said I understand what the guide means.

You are to have any witnesses and records to prove your case. What was submitted in the Complaint was a copy of the contract. At the hearing the Judge will want to see the original. Before I retired it was standard in our industry to sign contracts and such in blue ink. I think that's a bit of a moot point as Tony acknowledges the contract Brugg submitted and never suggested it wasn't factual.

If you have witnesses, you name them in the complaint or answer to the complaint and make them available at the hearing.

It's not very hard to comprehend. The guide is correct; you're simply misinterpreting it.

The reason you submit evidence ahead of time is because it's standard procedure. The Judge schedules the hearing and allots the appropriate amount of time based on what's in front of him.

You're suggesting Brugg and/or Tony could come in there with dozens of witnesses never before mentioned, undisclosed documents, or the like and want to argue their points for 6 hours or 6 days.

What is before the Court is very specific. Brugg claims the LLC owes him money and provided the contract. Whether it was properly filed or not the other side knows Tony claimed there was no extension in writing.

Either it was or it wasn't. The Court knows what is being argued by both sides ahead of time.

Hell, even I understand that.