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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90945
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Alternative Motion for More Definite Statement ..what is the

Customer Question

Alternative Motion for More Definite Statement ..what is the protocol once this is filed by my attorney in response to a complaint filed ...Motion was filed at last minute I never even saw it before it was filed ... A judge needs to grant or deny this correct?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Yes, once the motion for more definitive statement is filed, the court has to rule and issue an order to the other party to then comply with the order to provide you more information on which to base your answer. This is going to give your attorney at least 30 days before having to answer and file your counterclaim.


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Customer: replied 1 year ago.

We discussed that we would like to have the complaint ready for filing on Monday.(Friday night motion went in) I will let you know the status of our progress on Sunday, and hope to be able to send a draft for your review and review then.


 


This is the statement my attorney included in his email with the attached copy of the motion ... should I read this as I should be reading this .. that he was intentionally misleading me .. that's why I had no chance to review the motion ..that's why he was trying to convince me this motion would likely make them amend their complaint ... and he would be able to file a complaint before their amended .. it sounds ridiculous but this was what was presented..

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response. He has at least bought himself some time asking for more definitive statements, which was his plan it appears.

I believe he is not thinking of filing a complaint before he gets a ruling on the definitive statement he is just buying time as I said to get the complaint and answer right.
Customer: replied 1 year ago.

But him telling me this after 6 months of the same nonsense is basically lying to me ... he wasn't going to file a complaint on Monday ... he was misleading me intentionally, thus withing 24 hours an elaborate counterclaim becomes at 12.03 am motion being filed .... I've asked him 10 times since what he was writing .. I kept saying its the counterclaim .. he'd not answer, there is no reasoning behind him writing a complaint unless the motion to dismiss was granted ... that was part of the motion ... but completely unlikely ..He keeps telling me he's not heard from the other attorney ...like the other attorney would respond ..


 


One last thing .. how long does the judge usually take to rule on the motion ..

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for you response.

I understand your frustration and I also agree he is dragging his feet, but now he has also given you time to fire him and get another attorney as well if you choose to do so. Generally, as I said above you would have about 30 days for the judge to rule on the motion.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 90945
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Law Educator, Esq. and 15 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Well he's run up 6 months of fee's, I was in the position to file the complaint he let that get away... the more time the less credibility my case has.. getting rid of a lawyer just destroys that even more... he's pretty much committing fraud as he has over and over .. thank you for your help .. Judge 30 days, then they amend their complaint .. probably another 20 then he has 10 more .. so sixty more days ... to even start...thank you

Expert:  Law Educator, Esq. replied 1 year ago.
Yes, he has, and what you need to do is you are going to have to do as we previously discussed is pursue him for malpractice to stop him from trying to charge fees he has run up because of his delays caused by him. Your time frames are correct as well approximately anyhow.

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