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Answered in 5 minutes by:
10/15/2017
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 43,521
Experience: 30 years as a Texas lawyer dealing in landlord tenant
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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It appears he is out, can i help you today, thanks..Ray

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Customer reply replied 1 month ago
Law Educator has been working with me for months, and I didn't want to explain everything again. However, I am pro se and I have been learning along the way. I thought the motion writing was over, and ADR is on Nov 7, but the Defense filed a motion on Fri asking the court for Motion for leave to file reply in further support of motion, however, the 7 day deadline to file such a motion has passed by a month and the text message that they claim is facts, actually has no bearing on the case at all. I was just looking for help with responding, I did respond but don't know if I did it correctly or wrote too much. So I am looking up samples to get a better idea what to write. I have a response ready, but think it's too long, want to know if it is correct before I efile

Can you send me what you got here as an attachment be happy to help you,thanks

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Customer reply replied 1 month ago
ok, but now I am trying to figure out the Rule 12-I Cerfication, the Defense keeps sending the motion in before sending me an email, then takes to the courts that an email was sent for consent, but Plaintiff did not answer, how does that work, how can she get away with filing the motion, than acting as if I didn't respond, she NEVER gives me time to respond, how do I deal with that, that is not right?

This looks fine here, defendant is playing games here trying to confuse the court.Be on your toes they try to take advantage f the rules with pro se folks all the time.

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Customer reply replied 1 month ago
thank you, ***** ***** been dealing with their games the whole time, I know that they didn't expect me to get to the ADR and now they have no choice but to take this serious. Do you happen to know what the whole Rule 12-I is, for example she sent me the email at 10:40, but motion was submitted to clerk at 10:03, then she indicates that she got no response from me, like I didn't respond, therefore consent to the motion, how do I address this issue with the courts?
Customer reply replied 1 month ago
or is it an issue, it should be, trying to indicate that I am on board when I never was has to be unethical, I already plan to file sanctions against them, once the case is concluded, they games were all just ill willed, spiteful, harassment, intimidation, bulling, unnecessary burdens, and I had to basically ask at least 10 times for discovery, they refused to allow me to see the originals until after the Close of discovery, they just tried to take advantage of me in every way possible, they have been desperate since non of my motions were rejected and the case was not dismiss for mistakes, they tried to overwhelm me with motion after motion, but some how I made it through it all, I just hope it is all over on Nov 7, at ADR, but I am up for trial as well, I don't quit.
Customer reply replied 1 month ago
I just don't want them to get away with anything, and this whole, 12-I is bothering extremely and there must be something that I can do to make the courts aware of this behavior. I have already looked up all the times they didn't give me even an hour to review the motion content before she filed it. what is the point of it, if it doesn't mean anything. I am sorry, :) Law Educador is use to my long responses.

Rule 12-I. Motions Practice

(a) EFFORTS TO OBTAIN CO

NSENT; CONSENT MOTIONS.

(1)

In General

. Before filing any motion, except mo

tions filed pursuant to Rule 11, the

moving party must first ascertain whether other

affected parties will consent to the relief

sought.

(2)

Rule 11 Motions

. For motions filed pursuant to

Rule 11, the moving party must

make good faith efforts to resolve or dispose

of the issues in dispute before the motion

is served pursuant to Rule 11(c)(2).

(3)

No Resolution or Consent

. The court must consider

the motion as a contested

matter if the movant certifies in

writing that, in the case of

Rule 11 motions, resolution of

the disputed issues is not possible or that

despite diligent efforts consent could not be

obtained.

(4)

Consent Obtained

. If consent is obtained, and if the relief does not require court

approval, the party seeking the relief may me

morialize the other parties' consent in a

letter to the parties (which should not be

filed) or in a praecipe filed and served as

provided in Rule 5. If the relief sought is

consented to but requires court approval, the

moving party must file, serve, and provide

to the assigned judge a

courtesy copy of a

motion which includes the word "consent" in it

s title and states that all affected parties

have consented to the relief sought. No re

sponse to a consent motion is required.

(b) JUDGE IN CHAMBERS.

(1) The following matters

may at any time be presented for disposition to a judge in

chambers designated by the Chief Judge, either

ex parte or with opposing counsel, as

appropriate:

(A) appro

val of accounts;

(B) warrants and

return of warrants;

(C) approval of subpoenas

for administrative proceedings;

(D) applications for

appointment of special process se

rvers in small claims cases;

(E) applications fo

r name change under Rule 205 or

any applicable administrative

order;

(F) petitions to

release mechanic's liens;

(G) applications for

entry of administrative agencies'

final orders as judgments;

(H) petitions to take depos

itions pursuant to

Rule 27(a);

(I) master-meter pr

oceedings under D.C. Code §§ 42-

3301 to -3307 (2012 Repl.);

(J) requests for iss

uance of subpoenas under Rule 28-I(d);

(K) petitions to amend birth certif

icates pursuant to Rule

205 or any applicable

administrative order; and

(L) petitions to

amend death certificates.

(2) The following matters,

if presented on the day the co

mplaint is filed, must be

presented to the Judge in Chambers; thereafter,

such matters must be presented to the

judge assigned to the case:

(A) appointment of

a special process server;

(B) motions with respect to

publication of notic

e requirements;

(C) judicial approval

of settlements involving minors;

(D) motions regar

ding security for costs;

(E) wr

its of ne exeat;

(F) applications to set bonds;

(G) applications for

temporary restra

ining orders;

(H) writs of at

tachment before judgment;

(I) writs of replevin;

(J) libels of information;

(K) motions for

protective orders barring acce

ss to court documents; and

(L) motions to use pseudonyms in

any pleading or paper filed in a case.

(c) JUDGE ON EMERGENCY ASSIGNMENT. An

y motion requiring immediate judicial

attention at a time outside the regular bus

iness hours of the court may be presented to

the judge on emergency assignment. The Chief J

udge must establish a roster for such

emergency assignments.

(d) FORM OF MOTIONS.

(1)

In General

. With the exception of motions

made in open court during hearing or

trial when opposing counsel is present and

motions made under emergent conditions,

every petition or motion to the court must

be made in writing and

filed with the clerk.

Every motion must state clearly its object

and the grounds on which it is based or the

reasons for the relief sought. If a motion is consolidated it

must be indicated in the title of the motion, e.g., "Consent Motion to Extend Time for

Filing Plaintiff's Witness List." The caption mu

st contain the parties’

next court date (e.g.

case mediation, pretrial conference, or trial) if one has been set.

(2)

Points and Authorities

. Each motion must include

or be accompanied by a

statement of the specific points and authorities that support the motion, including, where

appropriate, a concise statement of material facts.

The statement of points and

authorities must be a part of t

he record. The points and authorities must be labeled as

such and placed either on a separate paper or

below all other material, including

signatures, on the last page of the motion.

(e) OPPOSING POINTS AND AUTHORITIES.

Within 14 days after service of the

motion or at such other time

as the court may direct, an

opposing party must file and

serve a statement of opposing

points and authorities in opposition to the motion. If a

statement of opposing poi

nts and authorities is not filed

within the prescribed time, the

court may treat the motion as conceded.

(f) PROPOSED ORDER. Each motion and

opposition must be accompanied by a

proposed order for the court's signature. T

he proposed order must list all persons to

whom copies of the judge's

order must be sent, including the addresses of those who

cannot be served electronically. The proposed order also must list existing dates from

the scheduling order and must indicate which dates, if any, would be affected by the

motion or opposition.

(g) REPLY. Within 7 calendar days after

service of the opposing

statement, the moving

party may file and serve a statement of points and authorities in re

ply to the following

types of motions only:

(1) motions for summary judgment;

(2) motions to dismiss fo

r failure to state a claim;

(3) motions to strike expert testimony; and

(4) motions for judgment on the pleadings.

(h) HEARING: WHEN ALLOWED.

A party may specifically request an oral hearing by

endorsing at the bottom of the

party's motion or opposition,

above the party's signature,

"Oral Hearing Requested"; but the court in

its discretion may decide the motion without

a hearing. If the judge assigned

to the case decides to hold a hearing on the motion,

that judge must give to all

parties appropriate notice of

the hearing and may specify the

matters to be addressed at the hearing and the

amount of time afforded to each party. If

a pending motion is resolved by counsel, the

movant must immediately notify the court

by telephone.

(i) HEARING: FAILURE OF ONE PARTY TO APPEAR

. If, at the time the case is called

for hearing on a petition or motion, the moving party fails to appear, the petition or

motion may be treated as submitted or waived, or may be continued. If the opposing

party fails to appear, it may be treated as conceded. The court in its discretion may hear

argument on behalf of the party appearing.

(j) MOTION TO VACATE DEFAULT. A motion

to vacate an entry of default or a

judgment by default, or both,

must comply with the requi

rements of Rule 55(c).

(k) MOTION FOR SUMMARY JUDGMENT.

A motion for summary judgment must

comply with the requirements of Rule 56.(l) POST-RULING PROPOSED ORDER. Un

less otherwise directed by the court,

counsel prevailing at oral argument must f

ile and serve, within 7 days after the court

rules on any motion, a proposed order

reflecting the court's ruling.

(m) [Deleted].

(n) TIME LIMIT FOR MOTIONS.

All motions, other than motions

specified in Rule 16(d)

and posttrial motions, must be filed by the

deadline set forth in the scheduling order

issued pursuant to Rule 16(b). For good caus

e, the court may extend the period for

filing such motions

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Customer reply replied 1 month ago
thank you for that Ray, although I don't have any idea what most mean, but to be able to print this out is very helpful. I don't think there is any way in hell the judge could grant the defense's motion to add the text message, which have no factual value, what I believe they were trying to do, is study my case and find a way to add to their arguement which the court should not allow, especially after a month past the 7 day deadline, that would be so devastating to my preparation for ADR, because the judge hasn't even ruled on either motion for the partial summary judgement, he has until the 20th, so for them to pull that crap, really pisses me off, I am so tired of their games and I really hope the judge realizes what the hell they are doing. I have presented myself very well, every motion written is well documented, with text, pictures, her sworn discovery, which literally every question she answered was a flat out lie, except for 1, no joke. I didn't ask 1 question in discovery that I didn't have solid factual evidence to, and she just lied lied lied, now after the 1st attorney left, she got this bulldog, who just wrote motion after motion, deposed me for lease than an hour, who does that, and just was trying like hell, to trip me up, to get case dismissed, because she is locked into all the lies. Anyway, I don't think that you asked my question, :) it might have gotten lost in all my stuff, but HOW DO I ADDRESS WITH THE COURTS THE WHOLE RULE 12-I ISSUE, is there anything that I can do to note that in my motion that I just wrote? She literally states in it : on October 13, 2017, counsel for Defendant contacted Plaintiff seeking consent to this motion. However, Plaintiff did not respond" this is a flat out lie, she filed the motion almost 30 minutes before she emailed me asking for consent, that should against some rule?? I don't want the courts to believe for one minute that I consented to the motion, that I don't respond to the Defendant, and her making it sound like I have consented in some way because I didn't respond to something I didn't know about ahead of time. Or do I just add that to the list when I file sanctions. I will leave you alone after that question PLEASE. Plus, are you sure that my reply is good, I have gotten too far, to make a silly mistake now, but I did want to point out, why I don't consent, and also point out that I think that they just filed the motion to have another platform to argue their points before the judge makes his decision on the motions, but I didn't want to sound like I was accusing them of it, just wanted to let them know, I am aware of the games that they are trying to play. They should know by now, that I think of and notice every little think. I may not have a degree in law, yet, but I am very educated and only need the right direction. Thank you very much for your time and again I apologize for the long responses, I am a writer; therefore, I can't really help it. APPRECIATE YOU RAY. If you could just confirm my motion is GOOD, not ok, but GOOD, I don't want any question about what I think and NO MISTAKES, hopefully this is the last motion that I have to write prior to Nov 7th, I can't fail now, but to me IT'S A NO BRIANER, but I learned in the courts anything is possible, but if the judge allows this, I will have to file for reconsideration or something, because a month later is unacceptable in any court, especially over a text that means nothing, that's why I know it was another chance to argue their points prior to the judges decision.
Customer reply replied 1 month ago
damn that was long, SORRY RAY

Their response was not timely filed under DC Rule 12.1 above and should be denied by the file accordingly.

Thanks

rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 43,521
Experience: 30 years as a Texas lawyer dealing in landlord tenant
Verified
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Customer reply replied 1 month ago
ok thank you, ***** ***** do I address the rule 12-I Certification, filing before asking for consent, is there anything that I can do about that? Also, I want to make sure my response is not too long, should I just shorten it, or leave it as is?
Customer reply replied 1 month ago
I will just keep looking and see if there is a penalty for the Rule 12-I Cert, because is kind of a lie, every time she puts that down. Have a great night.

So call here and see if they consent, if they don't call you back you say you made a good faith effort here to contact them and were unsuccessful.

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Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 119,584
Experience: Attorney with over 24 years experience.
Verified

I have been off for a week dealing with a client issue. But contrary to what was said above, I am NOT "OUT" as the previous expert would have loved you to believe.

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rayanswers
rayanswers
rayanswers, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 43,521
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Experience: 30 years as a Texas lawyer dealing in landlord tenant

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