How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask John Your Own Question

John
John, Attorney
Category: Legal
Satisfied Customers: 3119
Experience:  Licensed and practicing attorney.
71296933
Type Your Legal Question Here...
John is online now
A new question is answered every 9 seconds

I am being sued and at the case management hearing we submitted

Resolved Question:

I am being sued and at the case management hearing we submitted a motion to dismiss. The judge postponed the hearing and ordered that interrogatories be served to each party no later then 9/30. I have not rec'd mine yet. My att'y had the other parties sent on 9/23. I asked my att'y to send the plaintiff's att'y a letter to find out where they were and he said that it wasn't a good idea to remind an adversary that they're late because it could be an advantage to us if it ends up in trial. I don't see how it can be much of an advantage.

Is there anything that can be done at this point? Are they in contempt?
We never rec'd a response to the motion until the day before the hearing so I was unable to respond. They filed it with the court but never sent it to us. I feel that if my att'y was not on top of things this would not have happened and I'm afraid of something similar happening again. I would appreciate a second opinion. Hope I made sense.

I live in Ocean Cty NJ and my court date is set for 12/3/13
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.
Hi, My name is XXXXX XXXXX I’m happy to assist you with your question today.

First if the judge ordered each side to submit interrogatories by 9/30, then either side's not submitting it within that time could be contempt of court and cause to dismiss the case. Generally in these situations I'd send the other attorney an order for their signature promising that they'd comply with the court's order or consent to being held in contempt and sanctions, and if they refused that I'd otherwise file a motion to compel.

I can also see your attorney's side of it...he's basically hoping that they forgot and the court will issue a ruling on the motion before the other side submits its interrogatories. That may work and it will cost less for you in attorney fees. Further it's not at all clear how you'd benefit by providing the other side more information; more information to defend against your motion. So, I do see merit in this tactic. It just may delay resolution of the matter if the other side otherwise has no intention of submitting interrogatories, in which case you probably could get the hearing and dismissal now.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.

Customer: replied 1 year ago.


Thanks for your answer, it was very helpful. I don't see how they could have forgotten since receiving our interrogatories would certainly have been a loud reminder.


Could I get a hearing for dismissal before my scheduled court date of 12/3 and then counter sue for my legal fees?

Expert:  John replied 1 year ago.
Nancy,

Very good point...not sure how they could have forgotten either. But law firms are generally pretty busy places, attorneys schedules get messed up if they don't keep their calendars properly.

You may be able to get that earlier hearing on a motion for violation of the earlier court order, which would be contempt of court, and seek dismissal and attorney fees as the sanction. It really depends on how aggressive the judge is in granting these. There's no way of knowing if it would be granted, but it is a possibility.

Hope this helps. Let me know if I can be of further assistance.
John, Attorney
Category: Legal
Satisfied Customers: 3119
Experience: Licensed and practicing attorney.
John and 11 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
John
John
Attorney
547 Satisfied Customers
Licensed and practicing attorney.