TIAI August 18

[Sarahli]

I am not sure to have understood correctly, this jargon is indeed difficult to comprehend for me too (in english moreover) all I understand is that Lisa Marie Presley is making an action (summary judgement). What I have always in mind is that LMP simply had to give her DNA if she was so sure that Eliza is not Elvis' half-sister and easily prove it.  She could have done it before..

"A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through discovery, by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. "

This paragraph is bugging me...does it mean that a kind of "agreement" is possible ?

I think that there is something else behind this action. The timing is not random.

[TheRunningGirl]

I am not sure to have understood correctly, this jargon is indeed difficult to comprehend for me too (in english moreover) all I understand is that Lisa Marie Presley is making an action (summary judgement). What I have always in mind is that LMP simply had to give her DNA if she was so sure that Eliza is not Elvis' half-sister and easily prove it.  She could have done it before..

"A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through discovery, by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. "

This paragraph is bugging me...does it mean that a kind of "agreement" is possible ?

I think that there is something else behind this action. The timing is not random.

@ Sarahli
Law can be difficult to interpret and I have posted a question on Andrew Mayoras probatelawyerblogs website to seek a legal perspective on the possible impact of LMP filing on Eliza's default judgement request.  And yes I agree that the timing of LMP filing is indeed interesting!

With L.O.V.E

[Serenitys_Dream]

I am not sure to have understood correctly, this jargon is indeed difficult to comprehend for me too (in english moreover) all I understand is that Lisa Marie Presley is making an action (summary judgement). What I have always in mind is that LMP simply had to give her DNA if she was so sure that Eliza is not Elvis' half-sister and easily prove it.  She could have done it before..

"A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through discovery, by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. "

This paragraph is bugging me...does it mean that a kind of "agreement" is possible ?

I think that there is something else behind this action. The timing is not random.

No agreement.

LMP is trying to have the judge decide that there isn't enough evidence or the evidence that Eliza has supplied isn't enough to support Eliza's claims and therefore the case doesn't warrant a trial.

Eliza can appeal the application for a summary judgment before the judge even looks at the case but she can also do nothing at this point.

In essence LMP is claiming insufficient evidence (or some other aspect of faulty evidence, countering  evidence etc) to require a trial and asking the judge to dismiss the case before it ever gets to trial.

1.The judge can decide in favour of LMP's motion and dismiss the case.
2. LMP risks losing the case right here; the judge could decide that there is enough evidence in favour of Eliza's case and no trial is required.
3. The judge can also decide that the case should go to trial.

If the judge decides on a summary judgment in favour of LMP, Eliza can appeal that and again have her case heard at trial.

If the judge decides against LMP in a summary judgment and goes to trial, then this gives LMP grounds for an appeal AFTER the trial has occurred and a judgment has been given in the trial.

Or the judge could decide to deny the motion for a summary judgment and then go to trial.

Before there is a trial though, there are more steps that would have to be done (discovery, preliminary hearings maybe), asking for a summary judgment is a way of speeding things up and keeping costs down. It is asking the judge to decide the case without all the in-between steps to get to trial. It is now up to the judge where this is headed.

This whole thing could be going on for a while yet.

[*Mo*]

Eliza's case is a Petition for Paternity.  The whole case is based on DNA evidence.  

The Plaintiff would show to this Court, through the attached DNA test results that she is the biological daughter of Vernon Elvis Presley, who died on the 26th day of June, 1979, a citizen and resident of Memphis, Shelby County, Tennessee.

The Plaintiff would show to this Court, through the attached DNA test results, that she is the half-sister of Elvis A Presley,

This Petition filed in the Probate Court of Shelby County. Tennessee, was filed within 70 days of learning the identity of her father. Petitioner has been diligent in her search, and it is only after recent DNA testing results that she has proof of her parentage. DNA technology was non-existent at the time of Vernon E. Presley's death.

Eliza A. Presley is the biological daughter of Vernon Elvis Presley, and is entitled to be recognized as his daughter, and should be determined by this Court, through the attached DNA test results, that she is the daughter of Vernon Elvis Presley and the half-Sister of Elvis A. Presley.

Now let's go back to the motion for summary judgment, filed by Lisa Marie Presley.

A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through discovery, by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried.

A motion for summary judgment must be filed with supporting evidence.

Mind, this case is based on DNA evidence, Eliza is showing the court by attached DNA results that she is the biological daughter of Vernon Elvis Presley and the half-sister of Elvis A Presley.

In my opinion, and please correct me if you think I'm wrong, the only way Lisa Marie could successfully file a motion for summary judgment is when the supporting evidence is a DNA test that shows that her DNA does not match Eliza's.  

But...if Lisa Marie's DNA would not match Eliza's, or would not match as close as to be expected, that issue would raise some very difficult questions since the DNA reports submitted by Eliza show that Eliza and the person now referred to by many as "Jesse" are half-siblings, and Jesse in turn is biologically related to the known cousins on both sides of the family tree to Elvis Presley.

For some reason I don't believe that Lisa Marie now, after all this time, has provided her DNA, and in that case it wouldn't surprise me if her motion for summary judgment is going to be denied because of insufficient supporting evidence.

[Sarahli]

Ok I see clearer now, thanks for the explanations.

[newoldfan]

I am not sure to have understood correctly, this jargon is indeed difficult to comprehend for me too (in english moreover) all I understand is that Lisa Marie Presley is making an action (summary judgement). What I have always in mind is that LMP simply had to give her DNA if she was so sure that Eliza is not Elvis' half-sister and easily prove it.  She could have done it before..

"A party moving (applying) for summary judgment is attempting to eliminate its risk of losing at trial, and possibly avoid having to go through discovery, by demonstrating to the judge, by sworn statements and documentary evidence, that there are no material issues of fact remaining to be tried. "

This paragraph is bugging me...does it mean that a kind of "agreement" is possible ?

I think that there is something else behind this action. The timing is not random.

No agreement.

LMP is trying to have the judge decide that there isn't enough evidence or the evidence that Eliza has supplied isn't enough to support Eliza's claims and therefore the case doesn't warrant a trial.

Eliza can appeal the application for a summary judgment before the judge even looks at the case but she can also do nothing at this point.

In essence LMP is claiming insufficient evidence (or some other aspect of faulty evidence, countering  evidence etc) to require a trial and asking the judge to dismiss the case before it ever gets to trial.

1.The judge can decide in favour of LMP's motion and dismiss the case.
2. LMP risks losing the case right here; the judge could decide that there is enough evidence in favour of Eliza's case and no trial is required.
3. The judge can also decide that the case should go to trial.

If the judge decides on a summary judgment in favour of LMP, Eliza can appeal that and again have her case heard at trial.

If the judge decides against LMP in a summary judgment and goes to trial, then this gives LMP grounds for an appeal AFTER the trial has occurred and a judgment has been given in the trial.

Or the judge could decide to deny the motion for a summary judgment and then go to trial.

Before there is a trial though, there are more steps that would have to be done (discovery, preliminary hearings maybe), asking for a summary judgment is a way of speeding things up and keeping costs down. It is asking the judge to decide the case without all the in-between steps to get to trial. It is now up to the judge where this is headed.

This whole thing could be going on for a while yet.

Thanks for this explanation in "layman's" English....it's much clearer now!!

[paula-c]

Thanks for the explanation, now I understand better

[TheRunningGirl]

This is the reply from Andrew Mayoras (Probate Lawyer) regarding the William Bradley (LMP) filing on 16th August.

Andrew & Danielle Mayoras said...
I'll be posting an article about this in the days to come; I'm waiting on some additional information. An attorney has filed these pleadings and is trying to have Eliza's case thrown out of court on legal grounds (such as saying the case was filed too long after Vernon Presley died, and similar arguments). It's not based on trying to convince the Judge that Eliza isn't who she says she is.

It appears this will delay things, but again, I'm waiting for information before I post a detailed article about it.

Reply August 19, 2010 at 01:21 PM

Hopefully there will be a more detailed answer in the coming days.

With L.O.V.E

[GodhaschosenMJ]

Thank You TheRunningGirl for posting that reply from Andrew. Interesting that it isn't about contesting who she says she is!! Praying the Judge doesn't dismiss the case. CHEERS!

[Sarahli]

This is the reply from Andrew Mayoras (Probate Lawyer) regarding the William Bradley (LMP) filing on 16th August.

Andrew & Danielle Mayoras said...
I'll be posting an article about this in the days to come; I'm waiting on some additional information. An attorney has filed these pleadings and is trying to have Eliza's case thrown out of court on legal grounds (such as saying the case was filed too long after Vernon Presley died, and similar arguments). It's not based on trying to convince the Judge that Eliza isn't who she says she is.

It appears this will delay things, but again, I'm waiting for information before I post a detailed article about it.

Reply August 19, 2010 at 01:21 PM

Hopefully there will be a more detailed answer in the coming days.

With L.O.V.E

Thank you it's even clearer now;  DNA is really an undeniable evidence.  8-)