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.
FEDERAL CIVIL CASE
Is there a page limit
for a brief in response to a motion filed by the other party ?
I'm NOT asking about TIME limit - rather about PAGE limits.
I am dealing with District of Eastern Virginia, Alexandria division.
When I ask the Court clerks they say they are not privy to the information.
Real helpful public servants . . . haha
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).