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This question is for PaulMJD 1)I had my hearing with the…

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This question is for PaulMJD 1)I...
This question is for PaulMJD


1)I had my hearing with the court on January 20, 2012 on Defendants
Motion to Dismiss. The court stated it was taking their motion to
dismiss under advisement and would rule on Feb 16 2012

2)Plaintiffs (me) I filed a motion to amend Motion for leave to file amended
Complaint on January 20 and the hearing was Jan 30, 2012, my previous
motion to amend was stricken, because I did not have the amended
complaint attached, Now the court stated I have it attached and the
court will rule on the same day Feb 16, 2012.

3) The Court ruled on Feb 16, granted defendants motion to dismiss 2-615
and denied their motion 2-619.

4) and denied Plaintiffs (me) Motion to amend

NOW, I WANT TO KNOW,

CAN I RESPOND WITHIN A 30 DAY PERIOD FOR EACH COURT APPEARANCE.

A)CAN I RESPOND BETWEEN JAN 20th AND FEB 20th ? (with a Motion)

B) CAN I RESPOND BETWEEN JAN 30TH AND FEB 29TH? (with a Motion)

c) CAN I RESPOND BETWEEN FEB 16TH AND MAR 16TH? either with a
Motion to Vacate?, or a Motion to Reconsider? and file a Notice of
Appeak if I need to, or should it be a Motion to file a Late Notice of
Appeal?

The court ordered documents from the Defendant Jan 20th Order and they
have ignored the courts order, can i show cause (contempt) by the defendants responding within the Jan 30th and Feb 29th period. I requested the same
after theydid not send the document to me and the Court in their ruling did
not mention the requested documents from the defendants. I need to attack
these issues, tell me how?

Hope you can understand,what I'm asking is can i still show cause for contempt
of Court by the Defendants? I dont want to submit my motion to reconsider now
I want to file this motion on contempt of court and then lastly file motion to
reconsider and if necessary notice of appeal within the last date of the ruling?
Submitted: 6 years ago.Category: Family Law
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Answered in 10 minutes by:
2/27/2012
Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 125,264
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified
If your case was dismissed, then you have two options. First, you can file a motion to reconsider, which is typically a waste of time because the court rarely changes its mind. Your next filing will now have to be a Notice of Appeal within 10 days of the ruling, so you are running out of time. Then you have to file your appeal with the court of appeals next citing all of your case law and legal support regarding the errors you believe the court made. This is your next step, not a motion for contempt or reconsider.


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Customer reply replied 6 years ago

My question is Can I respond to any order within a 30 day period even if the

case is dismissed for the record?

Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
No, you cannot, you need to file a notice of appeal, that is your response and then file your appeal to the higher court and get them to hear your appeal as to why the case should not have been dismissed.
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Customer reply replied 6 years ago

1) I have another question, please explain the test for Motion For Reconsideration in the circuit Court of cook county in Illinois, there are three (3) requirements to meet,

what are they?

 

a)Should I ask for leave of court ti file Motion For Reconsideration?

 

b) Should I ask for Extension of time for Leave to file Motion To Reconsider Motion To Amend Complaint?

 

c) Should I add " see attached Complaint"?. Can u Tell me the proper legal language?

Family Lawyer: Law Educator, Esq., Lawyer replied 6 years ago
Under IL law, the purpose of a motion to reconsider is to bring to the trial court's attention (1) newly discovered evidence not available at the time of the hearing, (2) changes in the law, or (3) errors in the court's previous application of existing law. The decision to grant or deny a motion to reconsider lies within the trial court's discretion. See: Stringer v. Packaging Corporation of America, No. 4-03-1080 (4th Dist. 2004).

I would strongly suggest to you that you skip the reconsideration and file a notice of appeal and file your appeal.
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