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Ask California Lawyer Your Own Question

California Lawyer
California Lawyer, Attorney
Category: Business Law
Satisfied Customers: 846
Experience:  Licensed to practice law in California
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Hello Again, Do you know if I can file a motion for extension

Customer Question

Hello Again,

Do you know if I can file a motion for extension of time to answer Plaintiffs interrogatories and production request directly with the court? or do I have to ask the Plaintiff for this extension?

Below is a link to the court rules if you need them:

http://www.judiciary.state.nj.us/rules/rules_toc.htm#TopOfPage
Submitted: 3 years ago.
Category: Business Law
Expert:  California Lawyer replied 3 years ago.
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California Lawyer :

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Expert:  California Lawyer replied 3 years ago.
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Expert:  California Lawyer replied 3 years ago.

Hello,

 

In many cases you can wok with opposing counsel to get a little more time. Informal arrangements are acceptable if they agree, but get it in writing. Outside of that, you can file a formal motion with the court for an extension of time, but be sure to serve a copy on opposing counsel. They may argue the point.

 

I hope this helps.

 

DCG

Customer: replied 3 years ago.
Thank you, XXXXX XXXXX fair to request an additional 60 days considering I am pro se and do not practice law for a living like the Plaintiff?

Any additional arguments I can make to help the court grant me an extension?


Expert:  California Lawyer replied 3 years ago.

Hi again,

 

Most requests like that are evaluated based on the particular facts of the case. That said, so long as it is not unreasonable or does not unfairly burden the other side, 60 days might be reasonable. THe important thing is to clearly point out all the reasons you feel it is necessary. If you are reasonable and your request not overly burdensome, the court may grant it.

 

DCG

Customer: replied 3 years ago.

I also wanted to mention that the Plaintiff requested a 90 day adjournment as allowed in discovery rules in NJ Superior court.. does this adjournment affect the time I have to respond or do the times remain as per the rules?

Expert:  California Lawyer replied 3 years ago.

Hello,

 

Can you give me a little more background as to what is going on?

 

DCG

Customer: replied 3 years ago.
Sure,

The plaintiff is suing me for alleged debt, I denied all allegations and demanded proof as well as intitated discovery.

After Plaintiff receieved my discovery requests, they responded back with their own discovery to me and asked for a 90 day adjournment which the courts granted.

Plaintiff also stated that according to court rule 6:4-5 and 6:4-7 the parties have 90 days for discovery, and this is what they base their request for adjournment on.

However, the special civil part rules give only 30 days to discovery... so i'm confused what this attorney is doing and if I also have 90 days to respond or I have to follow the rules which state 30 days.

If 30, I would have to request a motion for extension as it is simply unfair of the Plaintiff to start what appears to be a frivulous lawsuit against me, then back away from discovery and ask for 90 day adjournment, while I have to respond to theirs in 30 days.
Customer: replied 3 years ago.
Hello

Are you still interested to answer my question?
Expert:  California Lawyer replied 3 years ago.

The answer you are seeking is more detailed that I can effectively answer. I have opted out so someone more qualified can assist you.

 

DCG

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