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I'm actually about to step out. Can I get with you this evening?
If so, what time works best for you?
Absolutely. Anytime, I will be here all night...
Hi. Sorry to keep you waiting.
The botXXXXX XXXXXne up front is this: yes, you can file a motion to extend time for discovery. In fact, it is a very common practice and most attorneys agree to one or two extensions as a matter of course. Keep in mind that an attorney is not required to agree to an extension, but it is commonly done, at least in my experience and with the attorney's I've practiced with. Granted, there are a few "difficult" attorneys out there, but most are reasonable.
If you need a "go-by" motion, you can use this one:
Obviously, you would have to adapt it to your facts, but that's a good general template.
But, before you file your motion, you should check with the plaintiff's attorney to see if he will agree to it. Even if he does, you still have to file a motion for extension, but you can call it "Defendant's Agreed Motion for Extension of Discovery Deadlines." Judges are much more likely to grant an agreed motion, since there is no controversy.
So this is something that I would do right after I opt out of a settlement for the mediation next week?
You can do it any time, but, yes, it would make sense to do it when it becomes clear that you are going to trial, as opposed to settling the case.
This Plaintiff's Attorney is a giant you know what and loves his reputation as such. Our current attorney has to battle him for everything and he
often says no.
Well, then you may have to file a contested motin.
The Plaintiff has 2 decades of experience working in the city where the trial will be as a forensic nurse subject matter expert. She is also deep into law enforcement cronyism and is in bed with the media. We have already been subjected to an absolute ridiculous PPO that caused us to hire an attorney and fly back to Michigan for a termination hearing. The Judge who signed the PPO recused himself because "He knew the Plaintiff and her husband from social circles and annual fundraising parties"... we have also had much difficulty with her friends in law enforcement who were supposed to be investigating her brother for crimes against our daughter. Should I enter a motion for a change of venue because of this?
The PPO was dismissed within five minutes of the beginning of the hearing. We didn't even get to speak.
You can only get a change of venue if you can show that you cannot get a fair jury in your county. That is generally due to a large amount of publicity. Getting a change of venue is very difficult and rarely granted.
In the police report, there are entries where the detectives investigating her brother were contacting her and in one entry named her as "providing background on the investigation." We have lost faith....
I don't blame you for being frustrated.
I just feel that the fact that she knows all of the judges and court personal puts us at an extreme disadvantage.
I believe that the PPO fiasco was abuse of the system and we cannot believe we have no recourse for that.
It may, but at this point you don't have any evidence that it will. Evidence is the key, and at this point, all you have are "gut feelings," which may be right, but not enough to get a judge recused.
Anyway, I will ask the Plaintiff's nasty lawyer if he will agree to me requesting an extension.
What is a legitimate amount of time to request based on the circumstances?
It all depends on how much time you need. That said, 30 or 60 days is a fairly common increment.
Okay, thanks. I need as much time as I can get. I don't live in Michigan anymore, I live in North Carolina and have to fly back and forth. Thank you. You have answered my questions and have been very helpful. I really think I am done for the night now :)
I hope you have a good evening.
You have a good evening as well.
If I can't do anything else for you, please remember to "rate" my answer (that's how I get credit whenever I answer a question).
Can I do anything else for you?
Wow....this page into some weird loading problem and just came back up. Nope. All set for now. Thanks!
Mediation is tomorrow and my husband is telling me that if our insurance comes up with a number that the Plaintiff likes, that it is out of our hands whether or not to settle and that our insurance company can force settlement. I do not believe this is true. My understanding is that the insurance company and Plaintiff can agree at mediation but if I do not want to settle, it is up to me. Is this true or is my husband correct?
Our insurance company has said that they will not move forward with us past settlement anyway. My feeling is that I need to put the pressure on the people who are suing us by countersuing. All throughout the report that we have from when her employer's attorney was investigating our allegations, are defamatory statements about us by the Plaintiff. Also, her employee interviewed a Prosecuting Attorney and two detective from the case our daughter was involved with, and all three of them gave information that was directly contradictory to the Police Report. The lead detective made defamatory statements towards us as well. So, if we sue them for Defamation, can we also sue them for abusing the system (PPO and Defamation suit - both bogus) in order to get back at us for reporting the Plaintiffs brother to the police? Is there such a thing as abuse of the system and making false statements and false reports to the police in order to harm us? Or is this all just defamation? Is it vexatious litigation?
Okay. Yesterday was the day of our court ordered mediation. My soon to be ex-husband led me to believe that he was on the same page as I but changed once the mediation began. Every person in that room had a vested interest in settling and I tried to explain this to my husband to no avail. He worked with the negotiation over my objections and flat out stating that I disagree. Every time my husband would throw an amount out, I would object and then our attorney would give the mediator my husband's number. Halfway through this routine is was completely evident that I was being trumped so I left the mediation, went out to the car, and cried like a baby. At the end, our attorney came out to the car and told me that my husband had negotiated them down to 53,200.00, gave them a written apology, and signed a settlement paper stating that we admit we intentionally harmed the Plaintiffs. I told our attorney that I would not sign it. She told me I had to. I asked why and she told me because my husband signed it. I then asked, so, you are telling me that if my husband signs this legal document, this means that I have no choice but sign? Our attorney said, yes, you have to sign this. I lined out the part that stated that we admit to intentionally harming the plaintiff's, signed the paper and began to bawl my eyes out. I told my husband that we essentially paid the attorney fees for the people who have a crap case against us and who condoned and covered up the gang rape of our emotionally ill daughter through the use of alcohol and Xanax, by their son and his two friends while our daughter and he were dating and then, put in their attorney's mediation summary that our daughter "videotaped herself have sex with two other boys." As you can imagine I am devastated. I just got off the phone with my stepfather who told me that it was not true that I HAD to sign that settlement paper. Is this true, and, if so, can I revoke it?
No, you did not have to sign it. Like we discussed earlier, there may be ramifications regarding your insurance policy and what they will and won't cover, but that does not legally require you to admit liability to something you did not do. You and your husband are separate people. It may have been in his best interest to sign, or at least he may have felt so, but that does not make it in your best interest.
As far as getting this unwound, that may be a little more difficult. You would have to file a motion in court asking the judge to allow you to withdraw from your agreement. One of the reasons a person may be allowed to withdraw from a signed agreement is if their signing it was not voluntary. In this case, your best argument would be that the attorney misrepresented the law and your legal obligations and, in erroneously trusting him, your consent to the agreement was not "voluntary" in the legal sense.
Hello.... here is an email that I sent to my attorney's "boss" cc my attorney when my stepfather said that I did not have to sign that document:
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