Legal Question in Civil Litigation in Michigan
Failure to provide evidence prior to trial.
We are being sued by a gentleman that we harvested blueberries for and who still owes us money for services rendered.
In pre-trial he brought up property damage and the Judge after finding out that this gentleman did not own the property in question scheduled it for trial, with the understanding that the gentleman had to produce evidence of ownership of the damaged property.
The problem is that it is now 3 days prior to trial and while the gentleman has provided the court with a list of evidence, he has not produced the evidence for view. The summary from the pre-trial specifically states that this evidence must be to the court for viewing purposes no later than 7 days prior to trial.
Is he still allowed to submit the evidence at trial or can we now ask for a summary judgement to get the money he still owes us for services?
If we can file for a summary judgement, how do I do it?
2 Answers from Attorneys
Re: Failure to provide evidence prior to trial.
You can't get summary judgment for unpaid wages unless you've filed a counterclaim. It doesn't appear as though you've done this.
Re: Failure to provide evidence prior to trial.
You can ask for summary judgment. Just do it prior to trial.
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