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2) I was forced to sell the plot because I could not afford to remodel and operate it myself after purchasing it.
Clerk note: The Court struck both answers.
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1) Yes. I have been unable to repay the loan in full and nearly defaulted on it. Because of that, interest payments have been eating away at my personal finances.@fickogames
1. In P-007, you mention that the money you sent to the Defendant came from a loan. Has the Defendant's failure to fulfill their contractual obligations impacted your ability to pay back this loan?
2. D-004 shows you purchasing the plot sometime after the Defendant failed to purchase it. Do you still own C117?
The plaintiff reserves the right to ask follow-up questions.
2) I was forced to sell the plot because I could not afford to remodel and operate it myself after purchasing it.
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NON-RESPONSIVE, NARRATIVE
The question asked was a closed question which should be answered with either yes or no. The witness did not answer the question and instead gave non-required information as testimony. The Defendant respectfully requests this answer be struck and the witness be made to answer the question asked.
1) Yes. I have been unable to repay the loan in full and nearly defaulted on it. Because of that, interest payments have been eating away at my personal finances.
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NARRATIVE
The question asked was a closed question. The answer "yes" sufficed. Everything else is narrative and the Defendant respectfully requests the rest of the answer be struck.
@fickogames
1. In P-007, you mention that the money you sent to the Defendant came from a loan. Has the Defendant's failure to fulfill their contractual obligations impacted your ability to pay back this loan?
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - ASSUMES FACTS NOT IN EVIDENCE, PERJURY
This question assumes that Defendant failed to fulfill their contractual obligations which is not an established fact in this case. Defendant respectfully requests that both this question and any answers given to it be struck.
Furthermore, the Plaintiff states here: "In P-007 you mention that the money you sent to the Defendant came from a loan." This is not true. First of all, the witness had not yet sent any money to Plaintiff at the time of the conversation in P-007 (See Fact 6 of Complaint.) Furthermore, in P-007 the witness does not state at all that the money they sent to the Defendant came from a loan. It is clear that Plaintiff's counsel is aware of P-007 and thus of the fact that this is not true. The Defendant respectfully request that the Plaintiff's counsel be punished appropriately for this misrepresentation of the truth.
ResponseObjection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NON-RESPONSIVE, NARRATIVE
The question asked was a closed question which should be answered with either yes or no. The witness did not answer the question and instead gave non-required information as testimony. The Defendant respectfully requests this answer be struck and the witness be made to answer the question asked.
ResponseObjection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NARRATIVE
The question asked was a closed question. The answer "yes" sufficed. Everything else is narrative and the Defendant respectfully requests the rest of the answer be struck.
ResponseObjection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - ASSUMES FACTS NOT IN EVIDENCE, PERJURY
This question assumes that Defendant failed to fulfill their contractual obligations which is not an established fact in this case. Defendant respectfully requests that both this question and any answers given to it be struck.
Furthermore, the Plaintiff states here: "In P-007 you mention that the money you sent to the Defendant came from a loan." This is not true. First of all, the witness had not yet sent any money to Plaintiff at the time of the conversation in P-007 (See Fact 6 of Complaint.) Furthermore, in P-007 the witness does not state at all that the money they sent to the Defendant came from a loan. It is clear that Plaintiff's counsel is aware of P-007 and thus of the fact that this is not true. The Defendant respectfully request that the Plaintiff's counsel be punished appropriately for this misrepresentation of the truth.
Objection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NON-RESPONSIVE, NARRATIVE
The question asked was a closed question which should be answered with either yes or no. The witness did not answer the question and instead gave non-required information as testimony. The Defendant respectfully requests this answer be struck and the witness be made to answer the question asked.
Objection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NARRATIVE
The question asked was a closed question. The answer "yes" sufficed. Everything else is narrative and the Defendant respectfully requests the rest of the answer be struck.
Narrative (Post No. 104) — Sustained. The question asked whether something has affected the witness, not how it had affected the witness. Answer is stricken. Witness would be ordered to re-answer answer the question directly, except that the question is stricken below for assuming facts not in evidence.Objection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - ASSUMES FACTS NOT IN EVIDENCE, PERJURY
This question assumes that Defendant failed to fulfill their contractual obligations which is not an established fact in this case. Defendant respectfully requests that both this question and any answers given to it be struck.
Furthermore, the Plaintiff states here: "In P-007 you mention that the money you sent to the Defendant came from a loan." This is not true. First of all, the witness had not yet sent any money to Plaintiff at the time of the conversation in P-007 (See Fact 6 of Complaint.) Furthermore, in P-007 the witness does not state at all that the money they sent to the Defendant came from a loan. It is clear that Plaintiff's counsel is aware of P-007 and thus of the fact that this is not true. The Defendant respectfully request that the Plaintiff's counsel be punished appropriately for this misrepresentation of the truth.
@fickogames
1. In P-007, you mention that the money you sent to the Defendant came from a loan. Has the Defendant's failure to fulfill their contractual obligations impacted your ability to pay back this loan?
2. D-004 shows you purchasing the plot sometime after the Defendant failed to purchase it. Do you still own C117?
The plaintiff reserves the right to ask follow-up questions.
Clerk note: Question 1 Stricken by Court
3. P-004 shows you sending $28,000 to the Defendant. It also shows you discussing a mortgage that you took out. How much of the $28,000 that you sent, if any, is from this mortgage?2. No.
3. Yes, money is fungible, of course, but that day I got 28,000 from the mortgage, and gave 28,000 to the Defendant. Its fair to say I sent the mortgage money to him.3. P-004 shows you sending $28,000 to the Defendant. It also shows you discussing a mortgage that you took out. How much of the $28,000 that you sent, if any, is from this mortgage?
4. What did you intend to do with plot C117 when you signed the contract with the Defendant?
5. Why do you no longer own C117?
The plaintiff reserves the right to ask follow-up questions.
3. Yes, money is fungible, of course, but that day I got 28,000 from the mortgage, and gave 28,000 to the Defendant. Its fair to say I sent the mortgage money to him.
4. I planned on demolishing the existing structure and building it up more with more "luxury" apartments to rent, which was supposed to then either be rented out by me or sold to another person for what I thought at the time to be major profit.
5. Other interested buyers asked to purchase the plot, due to this lawsuit happening, and the plot not being given to me when it was supposed to be, I was unable to develop it myself, so I was forced to sell it.
6. Describe how the defendant's failure to purchase and transfer C117 has or has not impacted your ability to pay back your mortgage.
The plaintiff reserves the right to ask follow-up questions.
Plaintiff has no further questions for this witness.6. Because I was forced to immediately sell the plot rather than develop it, I've had to pay back the mortgage using just UBI. For that reason, I've been at constant risk of defaulting during the entire course of the trial.
3. P-004 shows you sending $28,000 to the Defendant. It also shows you discussing a mortgage that you took out. How much of the $28,000 that you sent, if any, is from this mortgage?
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - PERJURY, ASSUMES FACTS NOT IN EVIDENCE, AMBIGUOUS, RELEVANCE
Plaintiff in this question states that P-004 shows the witness discussing a mortgage that they took out. This is not true. The only message regarding a mortgage in P-004 is a message sent by the witness to coshjlose and it reads: "Morgage [sic] is on me so please forward the cash to Ollie as soon as you can and we'll get the morgage [sic] set up later." Nowhere in this message can the witness be seen discussing a mortgage that they took out. This message is clearly regarding a mortgage that they are intending to take out in the future, as it is to be set up later. Further down in P-004 we see that coshjlose was not the one who sent the money to Defendant and that the witness himself was in the fact the one to do so.
The question thus assumes that the witness took out a mortgage, which is not an established fact in this case.
The question is ambiguous for multiple reasons. It refers to "this mortgage" but it is unclear what mortgage this refers to, as we have seen that the previously described mortgage (namely one that was shown to be taken out in P-004) does not exist as such.
The question is furthermore ambiguous because money is fungible and there is no clear way to determine what the origins of the money that was sent are.
Lastly, nowhere in Plaintiff's complaint is a mortgage, loan or anything similar mentioned at all. The Defendant thus fails to see the relevance of this question.
Your Honor, Defendant respectfully requests that this question and any answers given to it be struck for any or all of the above reasons.
4. I planned on demolishing the existing structure and building it up more with more "luxury" apartments to rent, which was supposed to then either be rented out by me or sold to another person for what I thought at the time to be major profit.
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NOTHING PENDING
Your Honor, the Defendant respectfully requests that the part of witnesses answer that is bolded and italicized be struck from the record. The preceding text has already answered the question that was asked and the piece of text in question does not answer the question asked.
6. Describe how the defendant's failure to purchase and transfer C117 has or has not impacted your ability to pay back your mortgage.
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE, ASSUMES FACTS NOT IN EVIDENCE
Your Honor, this is not a question at all, but rather an order. This is a breach of procedure.
Furthermore, this order assumes that the witness has a mortgage, which is not an established fact in this case.
Defendant respectfully requests that this, and any responses given to it by the witness be struck from the record.
RESPONSEObjection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - PERJURY, ASSUMES FACTS NOT IN EVIDENCE, AMBIGUOUS, RELEVANCE
Plaintiff in this question states that P-004 shows the witness discussing a mortgage that they took out. This is not true. The only message regarding a mortgage in P-004 is a message sent by the witness to coshjlose and it reads: "Morgage [sic] is on me so please forward the cash to Ollie as soon as you can and we'll get the morgage [sic] set up later." Nowhere in this message can the witness be seen discussing a mortgage that they took out. This message is clearly regarding a mortgage that they are intending to take out in the future, as it is to be set up later. Further down in P-004 we see that coshjlose was not the one who sent the money to Defendant and that the witness himself was in the fact the one to do so.
The question thus assumes that the witness took out a mortgage, which is not an established fact in this case.
The question is ambiguous for multiple reasons. It refers to "this mortgage" but it is unclear what mortgage this refers to, as we have seen that the previously described mortgage (namely one that was shown to be taken out in P-004) does not exist as such.
The question is furthermore ambiguous because money is fungible and there is no clear way to determine what the origins of the money that was sent are.
Lastly, nowhere in Plaintiff's complaint is a mortgage, loan or anything similar mentioned at all. The Defendant thus fails to see the relevance of this question.
Your Honor, Defendant respectfully requests that this question and any answers given to it be struck for any or all of the above reasons.
RESPONSEObjection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NOTHING PENDING
Your Honor, the Defendant respectfully requests that the part of witnesses answer that is bolded and italicized be struck from the record. The preceding text has already answered the question that was asked and the piece of text in question does not answer the question asked.
ResponseObjection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE, ASSUMES FACTS NOT IN EVIDENCE
Your Honor, this is not a question at all, but rather an order. This is a breach of procedure.
Furthermore, this order assumes that the witness has a mortgage, which is not an established fact in this case.
Defendant respectfully requests that this, and any responses given to it by the witness be struck from the record.
Overruled. Defense's response sufficiently rebuts every one of these objection types.Objection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - PERJURY, ASSUMES FACTS NOT IN EVIDENCE, AMBIGUOUS, RELEVANCE
Plaintiff in this question states that P-004 shows the witness discussing a mortgage that they took out. This is not true. The only message regarding a mortgage in P-004 is a message sent by the witness to coshjlose and it reads: "Morgage [sic] is on me so please forward the cash to Ollie as soon as you can and we'll get the morgage [sic] set up later." Nowhere in this message can the witness be seen discussing a mortgage that they took out. This message is clearly regarding a mortgage that they are intending to take out in the future, as it is to be set up later. Further down in P-004 we see that coshjlose was not the one who sent the money to Defendant and that the witness himself was in the fact the one to do so.
The question thus assumes that the witness took out a mortgage, which is not an established fact in this case.
The question is ambiguous for multiple reasons. It refers to "this mortgage" but it is unclear what mortgage this refers to, as we have seen that the previously described mortgage (namely one that was shown to be taken out in P-004) does not exist as such.
The question is furthermore ambiguous because money is fungible and there is no clear way to determine what the origins of the money that was sent are.
Lastly, nowhere in Plaintiff's complaint is a mortgage, loan or anything similar mentioned at all. The Defendant thus fails to see the relevance of this question.
Your Honor, Defendant respectfully requests that this question and any answers given to it be struck for any or all of the above reasons.
Overruled. Profit motive is plausibly responsive to intent.Objection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - NOTHING PENDING
Your Honor, the Defendant respectfully requests that the part of witnesses answer that is bolded and italicized be struck from the record. The preceding text has already answered the question that was asked and the piece of text in question does not answer the question asked.
Sustained. Questions must be questions. Question and answer are struck. Seeing as this may have affected declaration that Plaintiff had "no further questions", Plaintiff may continue to ask follow-ups.Objection
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
OBJECTION - BREACH OF PROCEDURE, ASSUMES FACTS NOT IN EVIDENCE
Your Honor, this is not a question at all, but rather an order. This is a breach of procedure.
Furthermore, this order assumes that the witness has a mortgage, which is not an established fact in this case.
Defendant respectfully requests that this, and any responses given to it by the witness be struck from the record.
7. How, if at all, has the Defendant's failure to purchase and transfer C117 affected your ability to pay back your mortgage?6. Because I was forced to immediately sell the plot rather than develop it, I've had to pay back the mortgage using just UBI. For that reason, I've been at constant risk of defaulting during the entire course of the trial.
Clerk note: Answer struck by Court.
7. Because I was forced to immediately sell the plot rather than develop it, I've had to pay back the mortgage using just UBI. For that reason, I've been at a risk of defaulting during the entire course of the trial.7. How, if at all, has the Defendant's failure to purchase and transfer C117 affected your ability to pay back your mortgage?
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION FOR RE-EXAMINATION
Your Honor, the Defendant is aware that this may be an unusual request, but for the sake of fairness finds it an important request to make regardless. It should be clear from the fact that the witness is also the Plaintiff that the witness is an adverse witness to the Defendant. During Cross-examination by Plaintiff of this witness, new information has come up. This is of course normal and not problematic. However, witnesses answers to certain questions make very little sense at all and do not appear consistent.
The Defendant respectfully requests to be allowed to re-examine the witness after the cross-examination has ended, solely being allowed to ask questions relating to the answers given by the witness during cross-examination, in order to clarify ambiguity and clear up inconsistencies.
RESPONSEMotion
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION FOR RE-EXAMINATION
Your Honor, the Defendant is aware that this may be an unusual request, but for the sake of fairness finds it an important request to make regardless. It should be clear from the fact that the witness is also the Plaintiff that the witness is an adverse witness to the Defendant. During Cross-examination by Plaintiff of this witness, new information has come up. This is of course normal and not problematic. However, witnesses answers to certain questions make very little sense at all and do not appear consistent.
The Defendant respectfully requests to be allowed to re-examine the witness after the cross-examination has ended, solely being allowed to ask questions relating to the answers given by the witness during cross-examination, in order to clarify ambiguity and clear up inconsistencies.
Denied. "Absent applicable precedent, the Court requires extraordinary reasons to accept a novel motion filing type" (emmythegremlin v. roy405 [2026] DCR 24, Order at Post No. 85). The Court does not see extraordinary reasons pleaded here; the witness being adverse was known ahead of time and answers being allegedly nonsensical or inconsistent are insufficiently pleaded.Motion
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION FOR RE-EXAMINATION
Your Honor, the Defendant is aware that this may be an unusual request, but for the sake of fairness finds it an important request to make regardless. It should be clear from the fact that the witness is also the Plaintiff that the witness is an adverse witness to the Defendant. During Cross-examination by Plaintiff of this witness, new information has come up. This is of course normal and not problematic. However, witnesses answers to certain questions make very little sense at all and do not appear consistent.
The Defendant respectfully requests to be allowed to re-examine the witness after the cross-examination has ended, solely being allowed to ask questions relating to the answers given by the witness during cross-examination, in order to clarify ambiguity and clear up inconsistencies.
The Court takes this to mean that there are no further questions on cross for the Plaintiff-witness. As such, the Defense (@gribble19) will have 48 hours to present questions on direct examination to their next witness, who is the Defendant-Witness.For these reasons, the Plaintiff respectfully requests that the court deny this request and this trial be allowed to progress to the next witness.