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xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience:  20 yrs exp. in divorce, custody, visitation & support .
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I have a case mgt conf and discovery due for a civil suit.

Customer Question

I have a case mgt conf and discovery due for a civil suit. I have an unemployed and have been offered a part time job that requires me to be out of city for a few months. Is it possible to postpone the case management conf and discovery items?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

What type of civil law suit is it?

Are you the Plaintiff or Defendant?

Are either you or the other party represented by an attorney?

When is the case management conference?

When is the discovery due? Is the discovery in the form of interrogatories? Is it a deposition? Is the discovery something else?

Thanks
Customer: replied 1 year ago.

hi. I am the defendant and the plaintiff is an experienced attorney representing himself. This is a fee dispute item.


he has sent set 1 of demands, inspection and interrogatories.


the case management conference is the end of april.


he has requested his discovery due by april 14.


I plan to send a similar request to him for discovery in the mail today.

Expert:  xavierjd replied 1 year ago.
Hi Bob,

Thanks for the information.

I want to look up a couple of things for you. I will be back with an answer for you asap.

Thanks for your patience.
Expert:  xavierjd replied 1 year ago.
Hi Bob,

I have one more question.

What County Superior Court is your case in?

Thanks
Customer: replied 1 year ago.
Santa Clara county
Expert:  xavierjd replied 1 year ago.
Hi Bob,

Thanks for the information. I will continue to research your question and be back with you asap.

Thanks, XXXXX XXXXX your patience.
Expert:  xavierjd replied 1 year ago.
Hi Bob,

Below is a link to the Rules for Civil Cases in Santa Clara Superior Court.

http://www.scscourt.org/general_info/rules/proposed/Civil.pdf


As stated in the Rules as set forth in the link above, pursuant to written stipulation of all parties, the Court may advance a CMC. Upon timely application and a showing of good cause, the Court may continue a CMC. If the Court continues a conference, the party who applied for the continuance must serve notice upon all parties who were served with a copy of the Civil Lawsuit Notice.

Therefore, you must contact the Defendant/Attorney and request his agreement to advance the date of the Case Management Conference. If the Defendant will not agree, you must file a Petition to Continue the Case Management Conference. You must do so ASAP. In your Petition, you may wish to include that you contacted the attorney (you may wish to do so by phone and then send a letter to the Defendant/Attorney confirming the content of the conversation. You may wish to indicate the date of the conversation, that the Defendant refused to stipulate to advance the CMC, and attach a copy of your correspondence confirming the conversation as an exhibit. You may also wish to indicate to the judge that the reason for your request to advance the date of the CMC is that your employer requires that you work out of state from xxx date until xxx date. Therefore, you will not be available to attend the CMC on the date that has been set. Remember, you will need to show good cause to advance the CMC. So, you may wish to attach a letter from your employer as an exhibit that confirms that you are required to work in xxx state from xxx date to xxx date. You will need to request a date for a hearing on your Petition and serve a copy of your Petition and attachments upon the Defendant/Attorney. You will also have to file a Proof of Service (available at the court) with the Court indicating the date you served the Defendant and how you did so (for example, by regular mail).

Be advised, that the court does NOT like to advance CMC's. The court may order that the CMC be conducted by telephone. You will have to show good cause in your Petition as to why you would not be available by telephone.

Regarding your request to extend discovery, unless there is an extraordinary circumstance, the preliminary discovery must be completed by the date of the CMC date. It sounds from your post, that you still have time to answer the interrogatories sent to you by the Defendant, and also send the Defendant your request for interrogatories. As such, you can TRY to stipulate with the Defendant to extend the discovery date, but even a stipulation MAY not be granted by the judge. If the Defendant won't agree to a stipulation to extend discovery, you can file a Petition with the Court to do so. Again, you have to show that you tried to get the stipulation of the Defendant and s/he refused, and that you have GOOD CAUSE to extend the discovery date past the current cut off.

Courts are trying to "move their dockets" and resolve or try cases in a timely manner. So, you will have to show GOOD CAUSE to advance the CMC and to extend the discovery cut off date.

I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD


xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and 2 other Family Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Bob,

Thank you so much for the "excellent service" rating! It is greatly appreciated and I am glad that you found the information useful.

If you have future questions, you can specifically request me by name as the expert.

Thanks again,

xavierjd

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xavierjd
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20 yrs exp. in divorce, custody, visitation & support .