Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I file my documents in my federal court case via U.S. Postal…

I file my documents in...
I file my documents in my federal court case via U.S. Postal Service. The case management conference took place on June 17th (2010). Rule 26(f) sets forth the case management report must be filed 14 days from the date the parties conferenced which in my case would be July 1, 2010. However, opposing counsel has been very uncooperative with communication as to the joint report. I emailed plaintiff's copy of the joint report to opposing counsel on June 21st. As of this day, opposing counsel has yet to provide me defendant's draft for my review. I must sign the report, I cannot sign electroncially and I declined authorizing opposing counsel signing electronically on my behalf. I also want to assure there have been no changes I have not reviewed. Obviously I do not trust opposing counsel (for good reason). My question is, given the fact it takes between 3 to 4 days for mail to arrive in Arizona from my State, should I go ahead and mail the report with a notice notifying the court of my reasons. Also, should I attach the email correspondence between myself and opposing counsel as proof I timely emailed the report to opposing counsel but I am still waiting for the defendant's draft? Opposing counsel emailed me today stating an emergency arose causing delay in preparing defendant's draft? I know there will be further delays, there always is.
Show More
Show Less
Ask Your Own Legal Question
Answered in 19 minutes by:
6/26/2010
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,657
Experience: 20 years experience as a civil trial and appellate lawyer
Verified

Very good, you have the makings of a litigator. Make sure you always document and confirm every conversation with opposing counsel each step of the way. That is the only way to keep him straight. For example, if you have a telephone conversation at 10:00 am today, immediately at the end of the conversation, send him a letter confirming the date, time, and substance of the conversation and ask him to notify you back immediately in writing if your understanding of what transpired in the conversation is in any way incorrect.

 

It looks like you have been diligent in keeping the emails so, what you need to do is send your version to the court and a letter detailing your attempts to work with opposing counsel on the issue and your supporting emails and his responses. Explain that you have attempted to timely complete what was required under rule 26 but that opposing counsel has had delays for whatever reasons and thus you are filing what you have. This will show that you have in good faith attempted to comply. Send opposing counsel a copy of whatever you send to the court. Then just sit back and wait for a response.

 

 

Please click "Accept" so that I can get credit for this answer. We can continue our conversation after that at no additional charge. Thank you.

 

This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.martindale.com/ or at http://www.lawyers.com/ .

 

 

 

Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,657
Experience: 20 years experience as a civil trial and appellate lawyer
Verified
Maverick and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago
When you state "send your version" do you mean only my emails to opposing counsel? or send my version within the Notice but also attach all email communication?

You would send your version of what efforts you have made to comply with the requirements of the rule and attach copies of all the relevant emails as supporting proof.

 

 

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 6,657
6,657 Satisfied Customers
Experience: 20 years experience as a civil trial and appellate lawyer

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am pro se in a custody/visitation hearing. The judge made
I am pro se in a custody/visitation hearing. The judge made a temporary order for visitation which the attorney for the child is writing. She emailed a copy of the unsigned order to me and opposing co… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,391 satisfied customers
I am plaintiff in a breach of warranty claim with the
I am plaintiff in a breach of warranty claim with the manufacturer of my car. The Defendant has requested to inspect the car at one of their dealers and wanted to turn over the car for the whole day.1… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
Second opinion] I had to dismiss my attorney during a
Second opinion] I had to dismiss my attorney during a critical point of a civil suit. I was able to negotiate a settlement with the opposing party. WE executed a settlement agreement last Tuesday that… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,528 satisfied customers
I am a pro se litigant. My case is in the Central District
I am a pro se litigant. My case is in the Central District Of California. I recently filed a Motion and the deadline for Opposition was June 05th. I enrolled in the CM/ECF system and agreed to accept … read more
socrateaser
socrateaser
1,031 satisfied customers
I have 2 motions pending before the federal court in my case.
I have 2 motions pending before the federal court in my case. Opposing counsel conferenced with me requesting an extension of time to respond to both motions. I agreed with an extension, however, I do… read more
MyraB
MyraB
Attorney at Law
JD
367 satisfied customers
How binding are the decisions at pre trial For Example. If
How binding are the decisions at pre trial For Example. If the judge awards me the house, her lawyer agrees and she does to. There is no court reporter and official order. Is that issue finished? I ha… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My wife and I agreed to a settlement with the plaintiff. In
My wife and I agreed to a settlement with the plaintiff. In that settlement agreement, our names were supposed to have been written as trustees. In our Deed of Trust with assignment of rent (as well a… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Who can I speak to to put in a legal complaint against the
Who can I speak to to put in a legal complaint against the United States Postal Services for returned and undelivered mail to my address. My mail is being held hostage, I have case number XXXXX case n… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I filed a motion for a TRO and a complaint for fraud against
I filed a motion for a TRO and a complaint for fraud against five defendants which are mostly corporations. It was filed in federal court in Nevada on June 24, 2010 and was wserved by certified mail o… read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
Fed. R. Civ. P. 26(f) sets forth in pertinent part The attorneys
Fed. R. Civ. P. 26(f) sets forth in pertinent part: The attorneys of record and all unrepresented parties that have appeared in the case are jointly responsible for arranging the conference, for attem… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If Socrateaser is answering this question, it involves my previous
If Socrateaser is answering this question, it involves my previous question today concerning the timely filing of the joint case management conference statement pursuant to Rule 26(f). If not Socratea… read more
socrateaser
socrateaser
1,031 satisfied customers
Today is the deadline to file the joint report of the parties
Today is the deadline to file the joint report of the parties under Rule 26(f)[federal]. I emailed to opposing counsel plaintiffs' report on Monday, June 21st. I emailed opposing counsel on Wednesday,… read more
socrateaser
socrateaser
1,031 satisfied customers
My question is What Pre-Hearing Orders are the ones in
My question is: What Pre-Hearing Orders are the ones in effect during a scheduled hearing? (please provide any cases or rules that may help explain) Explanations: I have a hearing scheduled before the… read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
If a motion to compel in a civil superior court lawsuit is
If a motion to compel in a civil superior court lawsuit is due in 10 days - is that 10 calendar days or 10 business days? Also we have to serve the paper by mail, so would I add 3 extra days for maili… read more
JPEsq
JPEsq
Attorney
Doctoral Degree
2,132 satisfied customers
California Probate Court question My mother received a judgment
California Probate Court question: My mother received a judgment against her. She has no attorney representing her. Opposing Counsel sent her a letter to sign and send back to him stating the judgment… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
A friend (plaintiff) received a scheduling order from U.S.
A friend (plaintiff) received a "scheduling order" from U.S. District Court stating that retained experts reports are due by Feb 5, 2010 and rebuttal experts by Mar 5, 2010. Plaintiff's lawyer was ser… read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
This deals with the Federal Court, Rules Federal Procedure
This deals with the Federal Court, Rules Federal Procedure and I need case law. I wish to bring a motion for default because of tortious interference from opposing counsel with my counsel, what cause … read more
Brent Blanchard
Brent Blanchard
Solo Practitioner
Doctoral Degree
1,964 satisfied customers
Ive asked you questions before, and am glad to find you online
I've asked you questions before, and am glad to find you online when I have another. I am a pro se plaintiff in Washington state. One of the defendant attorneys won't accept electronic service, and I … read more
Jane Doe Deer's Jobs
Jane Doe Deer's Jobs
Attorney
Post-Doctoral Degree
14 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x