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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I want to make sure I follow the right procedure to submit

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I want to make sure I follow the right procedure to submit status reports and motions to compel in md federal court. I'm confused by the rules. Do you address these to the judge or to the clerk and do you file for a motion to set a hearing date for the status report?

Zachary D. Norris :


Zachary D. Norris :

I'd be happy to help you with your question.

Zachary D. Norris :

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TexLaw and 6 other Legal Specialists are ready to help you
Since you did not respond, I switched to the Q&A platform. This will allow us to communicate further, just not instantly.

The status report is filed with the clerk of the court to become part of the file.

Also, the court will set the hearing on it if it wants to hear from the parties. You do not have to set a hearing.

If this doesn't answer your questions or if you need more help on this, let me know before rating my answer.

Good luck,
Zachary D. Norris
Customer: replied 5 years ago.
What about the motion to compel?
Sorry, I must have missed that part. A motion to compel is likewise addressed to the clerk of the court (in other words filed with the court) and is served on all other parties. Federal court's don't have a set rule on whether they will have hearings, as generally all motions are heard on "submission", i.e., the judge just reads the motions.

However, what I would recommend is calling the court's clerk and telling him/her that you are filing a motion to compel and want to know if you need to set a hearing with the court. The clerk will let you know what that particular court's procedures are on motions to compel.

If they want you to have a hearing, you need to send a "Notice of Hearing" to the opposing parties, which states "A hearing on Plaintiff's Motion to Compel is set for July ____, 2012 at 9 a.m. You are invited to attend. Respectfully XXXXX XXXXX name|"

Please let me know if there is anything else I can do.

Zachary D. Norris

I wanted to follow up with you to see if there was any further information that I could provide you with.

If you find my answer acceptable, please either rate or accept my answer so that I may receive credit for my work. If you feel that you still need more information, let me know and I will do what I can to help you.

Best Regards,