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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31590
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I have a question about Federal court rules, ny, yup its a

Customer Question

hi! I have a question about Federal court rules
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: ny
JA: Has anything been filed or reported?
Customer: yup its a deadline question related to pleadings
JA: Anything else you want the lawyer to know before I connect you?
Customer: Basically I had a deadline for amended pleadings today - and clearly missed it. I haven't filed counterclaims yet - but working on putting it together - taking longer than expected. I want to find out how I can submit if i need to request to submit i think it would be a new pleading since i have not done any counterclaims yet ok
Submitted: 4 months ago.
Category: Legal
Customer: replied 4 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Roger replied 4 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Does your scheduling order have a deadline to file counterclaims?

Customer: replied 4 months ago.
Hi Roger! Let me copy what it says
Customer: replied 4 months ago.
CIVIL CASE MANAGEMENT PLAN & SCHEDULING ORDER: The parties may amend the pleadings or join additional parties until Friday, December 30, 2016. All fact discovery shall be completed by Wednesday, March 29, 2017. All expert discovery shall be completed by Thursday, June 29, 2017. The parties request a bench trial. Amended Pleadings due by 12/30/2016. Joinder of Parties due by 12/30/2016. Fact Discovery due by 3/29/2017. Expert Discovery due by 6/29/2017. (Signed by Magistrate Judge Sarah Netburn on 12/6/2016) Copies Sent by Chambers. (mro)
Customer: replied 4 months ago.
Basically -
- I'm prose defendent
- I submitted my answer weeks ago but no counterclaims
- We had the scheduling hearing where the deadline to "Amend the pleadings" was Dec 30
- I started to work on my counterclaims to submit today but realize i need more time - maybe a few days or up to a week.
- Does an Amended Pleading include my new counterclaims? or can I still submit?
Expert:  Roger replied 4 months ago.

Ok. Thanks.

If you want to add a counterclaim, it would have to be done by an amendment.....since you already filed an answer. So, you're going to need to file a motion for an extension of time to file a counterclaim.

Expert:  Roger replied 4 months ago.

If the judge grants the motion, you can then file a motion to amend your pleadings to add a counterclaim.

Customer: replied 4 months ago.
can i do this even though the deadline for amended pleadings has passed?
Expert:  Roger replied 4 months ago.

Yes, you can file a motion to extend the deadline to amend pleadings......and if the judge approves this motion, you can file a second motion to amend the pleadings.

You're not guaranteed that the judge will approve your request......but if there is no prejudice to the other side, then judge is likely to allow the request to extend the amendment deadline.

Customer: replied 4 months ago.
ok so i don't think todays deadline is too much of a lost cause right because I do a motion to leave to amend
Expert:  Roger replied 4 months ago.

Well, you'll first have to ask the court to extend the deadline to amend the pleadings first.......since the deadline lapsed today. If the judge approves it, then you can file the motion to amend during the extension period.

Customer: replied 4 months ago.
ok thank you
Expert:  Roger replied 4 months ago.

Sure and good luck with this!