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Roger
Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 26604
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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1. If there are numerous defendants in a Federal Civil case

Customer Question

1. If there are numerous defendants in a Federal Civil case and two defendants have the same attorney who files a motion to dismiss for just those two defendants, would a response to the motion need to be sent to ALL (numerous) defendants or just to the attorney of record who filed the motion ?

2. When sending responses, is certified mail required
or can regular first class mail be used ?

3. After serving the summons, can discovery requests be made immediately or does the court ( US District - Civil ) set up a hearing for discovery plan, or what ?

Thanks, Eric
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Roger replied 1 year ago.

Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney. Thanks for your questions. In order to keep the responses straight, I'll list your question and then my response to each.

 

1. If there are numerous defendants in a Federal Civil case and two defendants have the same attorney who files a motion to dismiss for just those two defendants, would a response to the motion need to be sent to ALL (numerous) defendants or just to the attorney of record who filed the motion ?

The attorney of record for every party (plaintiff and defendants) would need to be sent a copy of the response to the motion for summary judgment. Even if another defendant isn't involved in the motion, he/she is still entitled to a copy of the motion via his/her attorney.

 

2. When sending responses, is certified mail required or can regular first class mail be used ?

Regular first class mail is sufficient; certified mail is not required. When you send in your response, you will attach a "certificate of service", which says that you mailed the response via first class mail. This certification is the only thing you'll need.


3. After serving the summons, can discovery requests be made immediately or does the court ( US District - Civil ) set up a hearing for discovery plan, or what ?

 

Discovery can be issued any time. The judge will enter a scheduling order, but that only sets for the the DEADLINES for discovery, motions, expert witness disclosures, etc. - - NOT a starting date. Thus, there's no requirement to wait on issuing discovery until after a motion to dismiss is determined.

 

Please let me know if you have any additional questions.

Roger, Attorney
Satisfied Customers: 26604
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 5 other Personal Injury Law Specialists are ready to help you
Customer: replied 1 year ago.

 


FEDERAL CIVIL CASE


 


Is there a page limit


 


for a brief in response to a motion filed by the other party ?


 


Thanks

Expert:  Roger replied 1 year ago.
There is no page limit in the Federal Rules of Civil Procedure regarding motions. However, most courts have local district court rules with page limits.

USUALLY, a dispositive motion (like a motion to dismiss/motion for summary judgment) is limited to 20 days; a non-dispositive motion is limited to 10 days). However, to be sure, we'd need to check your local district court rules.

If you'll tell me what district court you're in, I'll try to look up the rule. Thanks.
Customer: replied 1 year ago.

I'm NOT asking about TIME limit - rather about PAGE limits.


 


I am dealing with District of Eastern Virginia, Alexandria division.


 


Thanks.


 


When I ask the Court clerks they say they are not privy to the information.


Real helpful public servants . . . haha


 


 

Expert:  Roger replied 1 year ago.
I'm SO SORRY - - I was actually sitting in court when you sent the email, and I was trying to read it on my phone.......

I KNEW you said page limits, I just typed my response wrong.

Anyway.........

Local Rule 7(f)(3) provides that the page limit for a motion is 30 pages, and the reply/rebuttal brief limit is 20 pages. Here's a link to the rule: http://www.vaed.uscourts.gov/localrules/LocalRulesEDVA.pdf#page11

I hope this answers your question, but if you need something else, please let me know. Thanks!
Customer: replied 1 year ago.

It speaks of opening and responsive(30 pages each) and a rebuttal(20 pages).


 


I presume the motion to dismiss would be the opening and


 


my reply to the motion would be the responsive ? Allows me 30 pages ?


 


And then they could submit a rebuttal of 20 more pages ?


 


Sorry. First time through this and the rules seem a bit confusing at times.


 


 

Expert:  Roger replied 1 year ago.
You're exactly right.

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