Judge reprimands Trump Corp. lawyers for late night filings

[sl8]

https://www.cnn.com/2022/11/28/politics/trump-org-trial-late-night-filings-juan-merchan/index.html

Judge reprimands Trump Corp. lawyers for late night filings

By Kara Scannell
Updated 6:15 PM EST, Mon November 28, 2022


CNN
—
Judge Juan Merchan reprimanded lawyers for the Trump Corporation for filing motions and new exhibits late Sunday night that they wanted to introduce Monday morning when they questioned Mazars accountant Donald Bender, telling them he will no longer accept any motions from the attorneys.

Defense attorneys had submitted 18 exhibits to the prosecution around midnight.

“It’s inconsiderate at a minimum,” the judge said. At worst, it’s “good old-fashion sandbagging.”

At times, the judge raised his voice and told defense attorney Susan Necheles to be seated.

“It’s almost as though you really don’t want me to rule on the issue,” Merchan told Necheles. “It’s almost as though you don’t want me to get it right. I’m not accepting any filings any more from the Trump Corporation, period.”

[...]

[MissMillie]

1. not accepting any more filings?

um.... that is almost assuredly grounds for appeal.

Why would the judge so blatantly hand TFG's team grounds for appeal?


I get that the late filings are an issue, and that yes, the filings are probably an attempt to delay (or completely thwart the process).

It's one thing for Team TFG to derail the process. It's quite another for the judge to do the same.

[hlthe2b]

2. Was there a deadline for further filings? If so, the judge is within their authority to

refuse them. If not, I agree, grounds for appeal. Though I'd bet there might be enough annoyed appeals judges who have dealt with similar that they may not find that sufficient grounds alone for an overturning of any sentence, assuming the evidence was expectedly overwhelming.

[TigressDem]

3. Not a lawyer, but the way they filed is unethical based on ignoring 14 day reply clause.

They gave ZERO time for the party they are in litigation with to review and oppose before witness is hammered with these NEW facts. SO it puts the Judge in the place of needing to MAKE that space for the other party. This means they blew up the court date with intentional delays by putting their evidence in without time for the other party to respond.

AND while the Judge said HE will not take any more submissions, they still have access to the formal process.

The Judge removed a SPECIAL PRIVILEGE not a RIGHT due to the abuse of that privilege.


https://nysd.uscourts.gov/sites/default/files/2018-06/motionsguide.pdf

How do I file and serve motion papers?
• Unless you have applied for and received permission to file your documents electronically, you should mail or deliver all papers to the Pro Se Intake Unit. The Clerk’s Office will scan and docket your papers, and if the other parties have lawyers, they will be served with your papers electronically.
• If any other parties do not have lawyers, you must serve those parties with paper copies of your documents.


Making a Motion
How do I make a motion?
• First, you must determine the legal basis for bringing the motion. Some of the most common types of motions brought by plaintiffs without lawyers are motions for extensions of time, motions to compel compliance with discovery requests, and motions to amend a complaint.

Second, you must check the Local Civil Rules and the judge’s individual rules of practice to determine whether you are required to request a conference or take some other step before making your motion. If, for example, you would like to make a motion concerning a discovery issue, you must first write a letter to the judge. See Local Civil Rule 37.2. In some cases, a formal motion is not required, and you may make a motion simply by writing a letter.

How much time do I have to oppose a motion?
• Unless otherwise ordered by the judge or specified in the judge’s individual rules of practice, opposition to most motions must be filed within 14 calendar days after you are served with the motion papers. Check Federal Rule of Civil Procedure 6 and
Local Civil Rule 6.1, as well as the judge’s individual rules of practice, if you are unsure how much time you have to respond to a motion.
• If you need additional time to meet a motion deadline, you should ask the party who made the motion for an extension of time. If that party agrees, you and that party can submit the agreement to the court to get its approval of the proposed schedule. If that party does not agree, you may write a letter to the judge asking for an extension of time.

[SWBTATTReg]

11. Thanks so much!!!

[Maraya1969]

4. They sent them in just hours before the trial started. After midnight of the day.

It looks very well like they are trying to tie up the proceedings. I know we see stuff like this in courtroom dramas but the judge always wants to know why they are bringing something up so late and the only answer that ever comes up is that they "just got" the information. I have a feeling this is not the case so why did they wait so long to file?

[MissMillie]

6. That is exactly what I understood about the article

So yeah, TFG's team is trying to muck things up.

But having a judge say that there will be absolutely no new filings only give TFG's team something more to use to delay things.

Do I think there should be a hard deadline regarding new filings? Yep.

[gratuitous]

10. In the context, I think it's about the questioning of Donald Bender

Bender's testimony has been scheduled, his appearance as a witness has been put on the trial calendar, and the Trump entities are trying to muddy the waters by introducing new motions and arguments that they should have filed long ago. The judge is telling the defendants that their time to file these pleadings on this issue passed a long time ago, and defendants' filing at the last minute on Sunday night smacks of pettifoggery. I don't think the judge is foreclosing any further filings by defendants on all subjects, just the testimony of Donald Bender.

[Maraya1969]

5. It seems like a good way to ruin your career is to work for tfg. Besides getting jobs at Newsmax or

Fox or some other right winged, "For the stupid people" shows many people say they are having trouble getting hired. And of course there are the lawyers who have been sanctioned or lost their license.

[RocRizzo55]

7. Sounds to me

That they are backed into a corner, of revealing everything, and they are using every ploy, legitimate, or illegitimate, that they can. When they are caught, they will try to appeal, but these appeals are in the State of NEW YORK. EVERYONE in New York is on to his game that he has been playing for the past FIFTY YEARS. It's about time he is caught, prosecuted, drawn and quartered.
He's not getting away with it this time. The whole empire is about to collapse like a house of cards.

[Botany]

8. So Trump's lawyers submitted new evidence Sunday @ midnight for a trial that was already on going ..

... and was resuming Monday morning? Boy did that piss off the judge.

[SouthernDem4ever]

9. I say refer the case to judge Judy

she'll handle it in 30 minutes.