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Ely
Ely, Attorney
Category: Business Law
Satisfied Customers: 102601
Experience:  Counselor at Law.
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Can a plaintiff be removed from a civil case if he or she is

Customer Question

Can a plaintiff be removed from a civil case if he or she is unwilling to come back for trial and the judge does not accept his or her power of attorney?
Submitted: 2 years ago.
Category: Business Law
Expert:  Ely replied 2 years ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts to opt out of participation in phone calls and I may or may not be able to participate in this feature.
This depends. Can you please tell me a little more about the situation?
This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 2 years ago.
This is a quiet title action and we are pro per - I have power of attorney for my son who is in West Virginia and works out of the country most of the time and unable to come back for court. My power of attorney is a special power of attorney which pertains to land that was purchased
Expert:  Ely replied 2 years ago.
Thank you. Your son is the plaintiff, correct? And the Court has requested that your son come into court, or, an attorney represent him. Correct?
Customer: replied 2 years ago.
No, I will not spend the money to call, the plaintiffs are my son, myself and my husband, regarding a piece of land that my son took out a loan on to put a manufactured home on, it was not to incorporate the land. The mortgage company never had my husband and I sign as sellers. I have original loan docs requesting our signature. this is from 2004.
Expert:  Ely replied 2 years ago.
The automatic call feature is - well - an automatic offer. I have opted out of it anyhow so I would not be able to call anyhow.
Thank you. Has the Court requested that your son come into court, or, an attorney represent him? Or are you asking IF you can file on his behalf using the POA?
Customer: replied 2 years ago.
The court wants him in person and he can't and won't come
Expert:  Ely replied 2 years ago.
Thank you.
Unfortunately, A cannot represent B in court, unless A is an attorney. This is true even if A is a holder of a POA from B.
His only options are the following:
1) Have an attorney represent him;
2) Appear personally;
3) File a Motion for Telephonic Hearing, asking the Court to allow him to appear via telephone/video (at Judge's discretion and may be denied); or
4) To quitclaim his interest in whatever property is at the heart of the issue to another Plaintiff, thus allowing the Plaintiff to informally represent him by his interest being technically another Plaintiff's. After the case, he can get back his interest again.
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I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 2 years ago.
You did not answer my question - please refer to the question.
Expert:  Ely replied 2 years ago.
Ah, my apologies.
To clarify - yes - a Plaintiff may be "dropped" from the lawsuit if they are not represented by Counsel or show. More specifically, the Defendant may seek a default judgment against them, or, the Court may on its own motion (called sua sponte) have that Plaintiff's case dismissed while allowing the others to continue.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 years ago.
Is there anything I can do to have him removed prior to the above, file a motion or what.
Expert:  Ely replied 2 years ago.
You personally - no. He has to do this himself, or have an attorney file for him. But really all he has to do is file a motion to dismiss his case.
Thank you again for not shooting the messenger in advance.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.