civil jury trial postponed

[ginny_west]

Our court date for next week has been postponed by the plaintiff, who is the one who counter-sued, for medical reasons. Am I allowed to request his medical records for this surgery that is scheduled on the day of court. I am curious whether the doctor or the plaintiff set the date of surgery. Please respond with any advice, the way its looking this man is using the system to postpone the inevitable.
Ginny

 

[Michael Wechsler]

Our court date for next week has been postponed by the plaintiff, who is the one who counter-sued, for medical reasons. Am I allowed to request his medical records for this surgery that is scheduled on the day of court. I am curious whether the doctor or the plaintiff set the date of surgery. Please respond with any advice, the way its looking this man is using the system to postpone the inevitable.
Ginny

Hi - I don't know anything about your case and your information is confusing. If the plaintiff delays, that is good for you. In fact, you may want to delay the case even longer and request to see the medical records for his surgery, to which you are certainly entitled to view if they are central to the case. The longer the plaintiff delays the less the chances (and longer time) it takes to recover any money claimed owed.

 

[ginny_west]

Law professor we were asked to move from our residence one afternoon, right after we paid our rent for the month to come. Our landlord told us he needed the house for his son to live in because he had a medical discharge from the National Guard. We were caught completely off guard. We lived at this residence for 19 months. We have sued for moving expenses and loss of income as we have a home based business. It gets extremely complicated, even to the point of there were invasion of privacy matters. If you would consider giving me more info on this subject, I would certainly appreciate any input you have.
Thanks,
Ginny

 

[army judge]

You were asked to leave the premises.
You didn't have to honor that request.
You could have forced the landlord to honor your lease.
You could have forced him to take you to court.
If you were month to month, you still did not have to leave.
Only a court can order you to leave a home you are renting.
You forfeited many of your legal righst by allowing the landlord to intimidate you into leaving.
You do know that the actual medical records may be protected by federal HIPA law.
You can require the other litigant to present a note from a physician.
Well, the court can order that note.

I've always found that you litigate your case.
Do not worry about what the other party does.
Present your case, let the other party present his or hers.

Good luck with your case.
I don't see how you can make the landlord pay for your moving expenses, if you were not evicted by order of a court.
You should know that your leasehold had value.
You could sue for the loss of that leasehold at the landlord's behest.
Do you have any of this in writing?
If not, prepare for a far different story to be told in court!