Friday, August 22, 2008

original baby poll

my astute friend mark noticed that no one has guessed august 28 and moved to change the date of his guess.  i told him no fair.  he said this:

Motion to withdraw and substitute new date. It will not impede the progress of the imminent birth, and it will not be prejudicial to any other party, as no other party has made claim to the proposed substitute date despite adequate notice and opportunity.

how should i rule?

11 comments:

god.vishnu.whatever. said...

motion granted.

KaritaG said...

Well, based on that reasoning, it wouldn't be prejudicial if ALL of us changed our guesses, right? So I want to change mine too.

I don't think it's really a "guess" anymore now that you have told us all the induction date, is it? Hasn't this essentially turned into a motion for ruling on a question of law, i.e. we all agree on the undisputed fact that you WILL be induced on the 28th, so the judge should just rule? Why go ahead with the trial if the judge has already ruled on the issue?

KaritaG said...

I guess that's not a question of law. Summary judgment, maybe? This analogy is getting too complicated for me.

god.vishnu.whatever. said...

it remains a guess because, while she will be induced on the 28th, aislinn might not actually be born until the 29th, depending on the length of labor. :)

Maria said...

True, god., true. I was induced on the 18th. The Boy arrived on the 19th. None the less, I think the "motion" period has passed. Motion denied. I have no reason.

melissa said...

maria, are you sure you're not a tulsa county judge?

Maria said...

Nah. I work for OK DHS. ;)

Maria said...

Or better yet. The damned IRS. They actually wrote us a letter about "feeling" something or other about our taxes. Our accountant had a field day with that. IRS backed down after our tart response.

KaritaG said...

Whatever. I started thinking about this and wondering if the judge in my analogy was actually Melissa's uterus and then I got creeped out and quit thinking about it.

Anonymous said...

for some reason...the comments here disturb me somewhat. but you can't change your "guess" when the date has been set. sorry. i vote NO. sorry it wasn't said in any fancy lawyer speak but reality is not what you guys just wrote here. ;)

melissa said...

alright. motion denied. original date stands. august 28 remains open, subject only to claims by any as-yet unjoined parties. we are now in recess until next weekend.