Ask a Lawyer and Get Answers to Your Legal Questions
Lucy, thank you
1. No, it was not a Motion for Summary Judgement.
3. No, nobody seek leave.
4. I sent them my Opposition to their MTD on April 17. So they at least a week or so late.
Yes, that's definitely late, even if you give them the extra time for service by mail.You may want to start by calling the court tomorrow, just to make sure that it didn't get lost. It's possible that the packet was mailed, and the clerk hasn't docketed it yet - especially if you're in Boston. But it would be odd for the packet to be delayed and your notice of mailing not to arrive. Rule 9A(b)(6) says that the court does not have to consider any motion that does not comply with the requirements of the rule. That means that, if a party does file the 9A packet late, the other party can file a Motion to Strike for Non-Compliance with Rule 9A. It would also be possible, at any hearing on the motion, to ask the judge to refuse to hear arguments and to deny the motion for that reason.If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
If I file a Motion to Strike for Non-Compliance i have a few questions:
1. How many days did they have to send the package - 10 or 13?
2. Do I file this Motion using the regular procedure (i.e. send the opposing party the Motion, then wait to their response and then send the 9A package)?
3. What does normally happen after this Motion is filed (clearly, they are not in compliance - does this mean that I win the case?) - sorry, this might be a naive question....
Let me see if I understand this correctly:
Since they are late, a judge would dismiss their Motion to Dismiss our complaint, and allow our complaint to to proceed, correct?
And one more "silly" question. Should I call the attorney of the opposite party and ask if they have sent 9A package or this is a stupid thing to do? Also, can you think of any reason why they would not send 9A package?
I don't think it got lost in the mail since there are three plaintiffs and they usually send all the documents to each of the three... Can you please clarify:
1. "..they think they can get the judge to hear the motion, anyway.." - how can they get the judge to hear the motion if they don't send 9A package?
2. "... (since it says that the judge can refuse to hear it, not that he must refuse to hear it)..." - is this from 9A rule?
Lucy, than you - this is very helpful. Could you point me to the website (or may be you have some sort of a template) where I can find a sample of a Motion to Strike for Non-Compliance?
Lucy, I am wondering if you could help me one more time. I sent the opposing party my Motion to Strike, as we discussed, and they sent me a letter (not the opposition, but the letter) saying that since they did not file any motion to dismiss my complaint, my motion to strike their motion is moot....I am not sure what to do now. As of right now, the court has my filed complaint, but does not have their motion to dismiss our complaint or our opposition to their motion (since they did not send 9A package) or our motion to strike! Do we ask court to rule in our favor? what should be the next step? thank you.
What they did was they filled Notice of Filing Motion to Dismiss Complaint (pursuant to Sup Ct R 9E), but that was the end of it. They never sent (a package, so the court does not have it, only the notice. Should I still proceed with a request for default? if yes, do I need any other supporting documentsdocuments?
thank you - last question - do we need to send the other party a copy with certificate of service?
Lucy, you helped me before, and I need your help again with my case. This is where I am right now. I am waiting for the court to set the hearing date to hear the Defendant's motion to dismiss my Complaint (this is the First Amended Complaint by the way). The Defendant filed 9A package in Court on July 3d. Few days after that date I obtained an affidavit that I would like to include in my case. What are my options? I talked to the court clerk and he said the hearing won't be until late September, so I have time.
I am not sure how this works, but i am willing to pay for this service. I just really need to know what to do.
I'd love to do that - I am not sure how...if I just ask a question, anybody else can pick it up... how do I ask a question so it goes to you?