yes, that motion that disqualified counsel. It was decided by the judge already. However, as the trremors of that problem continue to plaque this case, I was told I can still motion to strike it, as a fraud can always be challenged. Unless im forgetting what I was told, and they meant i could file a rule 11 or some other sanction. Maybe a motion to strike is out of the question then?
ok, i want to ensure I have this right, because now i do recall that I cannot file a motion to strike. I had that confused. The other attorney told me i could challenge the fraud that is affecting my case. The fraud was that motion which the judge ruled upon, incorrectly. The fraud continues to distrub both our cases. The lawyer said, that because my case has been tied to her case, and my case is being affected by that disqualification, I have standing to have the fraud addressed, vis a vis a rule 11. this is what i was told. Please let me know if you disagree with that, so that I do not file this motion unnecessarily. Thank you.
If it is YOU who are being impacted by the fraudulent affidavit in the way that it is delaying the proceeding unnecessarily, then you can file the motion even now after 6 months. The other plaintiff can also join in on filing the rule 11 now, since fraud is always able to be raised in court, and seek sanctions.
A rule 11 is not the only thing you can file, but it is the most appropriate. You can also file a motion to strike the affidavit based on fraud, the result is pretty much the same and the affidavit gets removed and you can ask for sanctions.
oh wow, i hope everything is ok with your emergency.
there is no rush for this. God bless :)
thank you, ya saved me a ton of embarrassment...i think i told the other attorney the wrong set of facts, and thats why he said what he said.
hey, just wanted you to know you saved me again. The other lawyer had believed that the connected case was also mine. WHen he realized it was not, he immediately agreed with you. I sometimes do a bad job of explaining,so he was understandably confused. IM going to motion to get the cases separated though. thanks so much, it would have been embarrassing had I filed that!
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