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You can introduce another motion if the first one fails although the judge probably won't hear it right then since there was no notice. A better plan is to go ahead and serve them with the new motion and hear them both at the same time. Also, go ahead and file the Answer. It has been my experience that the judge is more likely to go ahead and grant the extension if the answer is filed already.
u mean file the answer to the original summons, correct?
you mean file the answer to the original summons, correct? if so that's a great idea, i assume i file my answer with the court?
sorry hit the button twice. how long does it take for the judge to hear the motion afew days, a week ? after i file can i serve the motion by walking into the law offices of the other attorneys and handing it to them or can i mail them? also what are answering affidavits?
Yes, file the Answer to the original summons. You file it with the clerk of court, it should give you the address on the summons itself.
Serve the motions by sending them certified mail, return receipt requested. If you have their fax number, then fax it and send it CMRRR. Be sure and note on the cover letter that you send it both ways.
I'm not sure what you mean by "answering affidavits"?
great, my brother is a lawyer and he will be helping me write my answer.
answering affidavits just saw the term and couldnt find a definition.
anyway thanks a lot,
have a good night
I'm not sure what it means because it would require context. There are several times you would file an affidavit in response to the other side and any of them would fit that description.
one more thing, about depositions, if the opposing lawyer(i guess he is a little over the top) asking questions gets aggressive can you ask him to tone it down? being my own lawyer can i say things like vague question can u please be more specific?
You can object in some instances. Objection, the question is too vague to answer or else just tell them you can't answer it because it is too vague.
i guess he comes on real strong at the end,probably when the one being deposed is at his wits end. the realtor lost it the other day. i just will not accept anything other than civil discourse
You can certainly object to being badgered or to being treated with a lack of respect. Usually the way to head that off is to make sure that the depo is being videotaped or at least recorded on audio.
it is. thanks and have a good night
Best wishes to you!
Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.
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I think both of those are reasonable excuses, if you plead that it is taking some additional time to do research, etc. because of the inexperience with the system. I would also stress the lack of harm to the other side. While it may not be weighted as heavy in the appellate cases, I think it actually does make a difference in a trial court's willingness to grant the motion.
Also, the rating you issued didn't go through so if you wouldn't mind trying again it would be appreciated. We can, of course, continue with follow ups in this thread even after you rate.
Educator, Esq: Follow up question: Is the following
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