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I filed a motion to quash and the plaintiffs attorney then…

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I filed a motion to...
I filed a motion to quash and the plaintiffs attorney then filed a response to my motion. I am alittle confused what am I supposed to due since I wanted to amend my motion and resubmit BUT the argument is set for tomorrow when I thought my document was due for tomorrow.
Submitted: 2 months ago.Category: Business Law
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4/3/2018
Business Lawyer: LegalPro54, Lawyer replied 2 months ago
LegalPro54
LegalPro54, Lawyer
Category: Business Law
Satisfied Customers: 14,240
Experience: General practitioner with diverse legal experience.
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Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

At this point, you really have no choice but to attend the hearing. You can try meeting with the opposing attorney before your case is called to see if they will stipulate to have the hearing continued so that you can amend your motion. If they won't agree to that, you can just try to raise the new arguments that you were hoping to make in your amended motion during oral argument.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 2 months ago
everything I said in my original motion is null and void and I will not be able to repeat it during the argument tomorrow?
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

I'm not sure I follow. Why do you believe your motion is null and void?

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Customer reply replied 2 months ago
can I get your email so I can email you the documents? I prefer not to upload here....
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

Because that's not what I'm saying at all, so I think maybe you misunderstood me?

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Business Lawyer: LegalPro54, Lawyer replied 2 months ago

I cannot review documents, unfortunately. This is a forum for general legal questions and document review exceeds the scope of what we can do. What I'm trying to tell you is that you can raise whatever additional points you wanted to make in your amended motion at your hearing tomorrow, since it's obviously too late to file an amended motion now.

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Business Lawyer: LegalPro54, Lawyer replied 2 months ago

Please let me know if anything is unclear.

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Customer reply replied 2 months ago
i believe i misunderstood you....i think i am setting myself up for disaster. Can I email you the 2 documents and advise me how to approach this tomorrow?
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

Again, I unfortunately cannot review any documents. If you have a followup question for me I am happy to answer it. I want to help.

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Customer reply replied 2 months ago
ok, bare with me as I put this next message to you together....
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

Ok...

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Customer reply replied 2 months ago
the plaintiff requested personal information and I filed a motion to quash pursuant to Supreme Court Rule 201(c), Supreme Court Rule 224(a)(1)(i) and pursuant to this court. Now the plaintiff responses by saying Plaintiff issued
written discovery to Defendant pursuant to Illinois Supreme Court Rules 213 and 214. Illinois Supreme Court Rule 224 is inapplicable to the present case because Plaintiff did not petition the court for leave to engage in pre-suit discovery for the purpose of ascertaining the identity of those who may be responsible for damages. Rather, Plaintiff a two count complaint
against Defendant alleging defamation and false light. Because Plaintiff’s discovery requests were issued pursuant to Illinois Supreme Court Rule 214, Defendant’s motion to quash under Rule 224 is inapplicable and must be denied. Again as I said prior, I thought the due date to amend is tomorrow but its set for argument t tomorrow. I am in a pickle already trying to figure out how not to mess this up for tomorrow since I have already messed this up by filing it incorrrecty and by not filing motion to amend
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

Thank you. Again, though, I'm not sure what other option you possibly have other than attending the hearing tomorrow. You can try to ask for a continuance, or to get the opposing attorney to agree to one. Otherwise, you can try to amend your argument at oral argument.

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Customer reply replied 2 months ago
I understand that part but I am just confused what I am supposed to say. On paper I can write it and rewrite it couple of times if need be. Tomorrow im going "live" and do not want to jeopardize it since I already have.
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

Typically you would explain that you are making an oral amendment to your motion and then explain the changes you are making. You can also try to give the judge a copy of your amended papers before the hearing. The bot***** *****ne, as I think you realize, is that this is a less than ideal situation with no perfect solution.

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Business Lawyer: LegalPro54, Lawyer replied 2 months ago

I will say that judges do tend to cut more slack to unrepresented parties. Ultimately, the judge may not be very concerned about the technicalities of which statute you based your motion on and be more concerned about the underlying merit of your arguments as to whether the discovery requests made by the plaintiff are actually too invasive.

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Customer reply replied 2 months ago
food for thought:
i filed motion to quash pursuant to Supreme Court Rule 201(c), Supreme Court Rule 224(a)(1)(i) and pursuant to the court. When it should of been under Illinois Supreme Court Rules 213 and 214. Can I just tell the judge it was a typo error on my part when it should of been written as 213 and 214???
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

Sure you can try saying that. Again, the judge is probably going to be much less concerned about this sort of technical distinction than they are going to be concerned about whether the plaintiff's discovery is over reaching.

I hope this helps. Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

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Customer reply replied 2 months ago
I should tell the Judge:
Your honor I apologize for the technicalities of which statue I used to base my motion on. I believe and feel you should also believe the underlying merit of my arguments show no relation to this case and jeopardize private information. I am requesting a oral amendment to the plaintiffs motion.after i say that I draw a blank in my head. I know I am supposed to list my reasons why but I feel like a missing something between the statement I just wrote above and my reasons listed
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

It feels wrong to you because it is. The "correct" approach would have been to amend your motion in advance, but you no longer have time to do that so you have to make do. It's not an ideal situation and there is not a perfect solution. I think you are waiting for me to give you the answer that will solve the problem, but that answer does not exist.

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Customer reply replied 2 months ago
i agree with you 100% I am just trying to avoid being pinned in a corner or asked a question and not being able to answer it since I am handling this prose. I had some issues that pushed my attention from this suit......I rewrote it and feel this should possibly get me by. Is there anything I can add or do you see anything I might be asked by the judge?I am requesting a oral amendment to the plaintiffs response of my motion to quash.
Your honor I apologize for the technicalities of which statue I used to base my motion on. I believe and feel you should also believe the underlying merit of my arguments show no relation to this case. It is overreaching and jeopardizes private information being released to anyone or the public eye. My income, wifes incomes, wifes & kids names, there social security numbers, birthdays, tax information, vehicles owned by us, account balance show zero relation to this case. I am baffled to even get this sort of bizarre request by the plaintiff.
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

I cannot give you exact wordage or provide the sort of specific advice you are seeking. I have tried, very hard, to assist you over the last two hours. I do hope that my time has been of some value to you.

I honestly think we have reached the limits of the assistance I can provide. I hope you can understand.

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Customer reply replied 2 months ago
there was miscommunication in the beginning and my question still has not been answered. Since I am in this pickle what can I do tomorrow in court since I did not file a motion to amend
Business Lawyer: LegalPro54, Lawyer replied 2 months ago

I do not feel I am able to assist you further so I will opt out in favor of other attorneys.

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Customer reply replied 2 months ago
ok...
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