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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3151
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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A few questions in a "Federal Question"

Customer Question

A few questions in a "Federal Question" matter," in Federal District court.
(1)Can a judge make dispositive motions when the the Respondents have not even been served. If so what is required to do so by the judges, what rule?
Can a Magistrate judge make dispositive orders before the Respondent's have even been served.
(2)A magistrate judge making premature dispositive ORDERS before the Respondents are served. Irrespective of that, do not they need the consent of both parties? I have not consented and the Respondents have not even been served.
(3) Is there any situation an unconsenting Magistrate can rule in my matter, any situation.
(4) Lastly I have 2 judges, one a magistrate and the other a full blown judge. Both are senior citizen women, which gives their seemingly "disability" a possible concern. These judges have been tag teaming, 1st one judge making dispositive motions and then the other doing the same. I have heard from at least twice from each judge and of course the Respondents haven't been even served.
(5) One more: I was told on this forum that upon filing your claim and this is "Federal Question" complaint, it was the courts duty to serve the respondents. I did have to file something insignificant early on to the Respondents, not my whole case by any stretch. I haven't done so since the women judges started bombarding me. So are the courts responsible to serving the Respondents and if so, are they required to notify me that this was done?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Colleen Grady replied 1 year ago.

My name is***** have been an attorney for 26 years. You can find the answers to your quesitons at this link. Look at the "Local Rules" for the District Court you are dealing with. You will see the Southern, Northern and Middle District courts of Flordida and look through their local rules. These rules along with the Federal Rules of Evidence will tell you the procedures and service requirements.


I don't understand what you are asking in #4 . Please let me know if I can help further.

Expert:  Colleen Grady replied 1 year ago.

I need to sign off now. If you need to continue the conversation, reach out tomorrow. I will be happy to try to help you.