Hello. New expert here. I will assume because you did not want to give any additional details, that you would like an answer solely on the original information provided.
You questions were essentially these:The letter was sent out on the 28th of Jan. and I want to know if I have time to send out a letter to respond to it.
My reading of Rule 12 of the Alabama Rules of Civil Procedure indicates that responsive pleadings, such as an objection, should be filed within 30 days of the original motion. In that case, there would still be time to file an objection with the court.
I also want to know if this is a retrial or some sort.
Without further details, it is difficult to say what this motion is regarding. A motion to alter, amend or vacate generally asks the court to set aside or nullify an order that had previously entered in a case. Only if the motion is granted would there need to be a new trial, and that would generally be set for a later date.
If so is there a way that I could ask for more time do to the lack of communication of my attorney.
A party can seek a continuance from the court, at the court's discretion. If your attorney has not withdrawn from the matter, it likely would not hear a request from you, but would need for your attorney to file the motion.
Because I feel that I am poorly being misrepresented by that person. Another thing, what are the chances of the decision being overturned when the judge was the one that made the first decision.
A motion to amend, alter or vacate is a difficult motion to prevail on. The legal basis for this type of motion appears to be grounded in caselaw in Alabama. See the notes to Rule 59:
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