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just received a scheduling order from court on this case. Both

 
PaulMJD's Avatar
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Customer Question

just received a scheduling order from court on this case.
Both I and my father are listed.
The box that says the case does NOT have to comply with Vermont V.R.C.P. 16.3.
1: Which is better. Being under this code or not?
2: The scheduling only shows a trial date. No schedule for motions, discovery, mediation, etc. Does that still apply? (They did send interrogs to my father)

Submitted: 286 days and 17 hours ago.
Category: Consumer Protection Law
Value: $25
Status: CLOSED

Accepted Answer

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Expert:  PaulMJD replied 286 days and 17 hours ago.

VRCP 16.3 has to do with mandatory alternative Dispute Resolution, mediation/arbitration. If you want mediation or arbitration of the case you may seek it.

The courts many times do not schedule discovery/motions and leave that up to the parties knowing that they have a set trial date. This means that you have up to that date to get all of those matters done.

You can send your discovery out to them now.


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Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.4 %
Accepts: 4007
Answered: 6/28/2012

Experience: Attorney experienced in commercial litigation.

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Customer replied 286 days and 14 hours ago.

Do I need to submit a "Motion for Abbitration"? Or is it by some other means?
I have written motions before. Any examples on-line you can point me to for this?

Accepted Answer

Picture
Expert:  PaulMJD replied 286 days and 14 hours ago.

You can submit a motion for court ordered mediation/arbitration and ask the court to order it. Because of copyright infringement issues, I am afraid we cannot give you samples of the motion through this site though.

Expert TypeLawyer
Category: Consumer Protection Law
Pos. Feedback: 98.4 %
Accepts: 4007
Answered: 6/28/2012

Experience: Attorney experienced in commercial litigation.

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