Trier of Fact - when is it done? What include?

[Sandy5]

Jurisdiction

Illinois

I'm involved with a countersuit against someone-
Their lawyerwrote affirmative defenses (statute of Limitations & latches) of why there shouldn't be a case & they should win.
My Lawyer - Motion to strike Affirmative Defense - but didn't provide facts.
The Judge - did an Order and wrote Trier of Facts.( which I understand means parties disagree on the facts and the judge will look at the facts as he thinks they may have something).

What "facts do I given my lawyer - I have documents" . Does the Judge want copies of the documents, affidavits ? (I have a follow-up e-mail that their lawyer "forgot" to include which would prove that the statute of limitations should not start at that date)

Will I have a court date when lawyer presents or argues the "facts"?
My lawyer seemed perplexed by the Order. I want to present my information to my lawyer in a way that will help him to present it at trial.

 

[army judge]

What "facts do I given my lawyer - I have documents" . Does the Judge want copies of the documents, affidavits ? (I have a follow-up e-mail that their lawyer "forgot" to include which would prove that the statute of limitations should not start at that date)

Will I have a court date when lawyer presents or argues the "facts"?
My lawyer seemed perplexed by the Order. I want to present my information to my lawyer in a way that will help him to present it at trial.

Sorry, you have a lawyer.
Your lawyer knows your case.
No one knows as much about your case as your lawyer.
If you start asking advice from strangers, many of whom aren't lawyers, you do yourself a grave injustice.

If you believe your lawyer isn't doing you justice, fire your lawyer,a nd hire a new lawyer.

But, don't start asking for advice from strangers who know noting about your case.

 

[adjusterjack]

Seems to me that you need to find a lawyer who isn't "perplexed."

Other than that there is no way we can adequately comment because you haven't revealed why you were sued, why you countersued, or why you think the SOL or laches defense shouldn't apply.

 

[Sandy5]

SOL has to do with how long before someone can sue (I'm not a lawyer, but I got that) Their lawyer states that SOL has passed, we say not.

So maybe simpler: When a Judge is a Trier of Facts". Does the judge want summaries or the actual documents (copies) to Prove the fact. I wish to give the lawyer the information he needs.

Will I have a court date when lawyer presents or argues the "facts"?

 

[army judge]

SOL has to do with how long before someone can sue (I'm not a lawyer, but I got that) Their lawyer states that SOL has passed, we say not.

So maybe simpler: When a Judge is a Trier of Facts". Does the judge want summaries or the actual documents (copies) to Prove the fact. I wish to give the lawyer the information he needs.

Will I have a court date when lawyer presents or argues the "facts"?

Again, you have a lawyer.
Ask YOUR lawyer, or hire a new lawyer if you no longer have faith in your lawyer.

 

[Sandy5]

Thank you army judge I understand you don't know the answer as far as documents vs summary and when trier of fact is done. My lawyer is not charging a fee and I will not be going to a different one.

 

[army judge]

Thank you army judge I understand you don't know the answer as far as documents vs summary and when trier of fact is done. My lawyer is not charging a fee and I will not be going to a different one.

You're welcome, don't get hung up on legal terms.
If you don't understand one, Google it, or ask "Alexa"!! LOL
Trier of fact simply means the judge will hear the case without a jury.
It's often done, even in criminal trials, and can work to the defendant's advantage.