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Hi Lucy, this is related to what we talked about. Some of

Hi Lucy, this is related...
Hi Lucy, this is related to what we talked about.

Some of the arguments could go both for a New Trial reconsideration motion and for a 1.540 motion.

The general intention here is

1) to amend the "deemed motion" with prior leave of court, by requiring to add the arguments thta I had developed in prior motion thta hasn't been ruled yet.

2) to file new 1.540 motions. I have filed one previously,but I have further counts now

3) To file a motion for reconsideration of thedenied new triial motion

4) to ask the judge to hear all motions at net hearing.
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Answered in 1 minute by:
5/17/2013
Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 30,587
Experience: Lawyer
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Hi,

I know that's your intention, but what is your question about that? Are you asking if you can combine your arguments into a single motion?
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Customer reply replied 4 years ago
No, just to hear all motions at the hearing instead of just the deemed motion and if could I file more than one 1.540 motion or should I amend ?
It depends on how much time you have before the hearing. If there's enough time for the other party to respond to the motion before the hearing, yes, you can ask the judge to hear all of the issues together. If there's not enough time, then he definitely won't, but it may be possible to ask to continue the hearing to listen to every issue at once.

You need the judge's permission to amend, so I can't say you "should" do that - he may say no. But, you have the option of asking if he will allow, which will ensure that all issues will be heard at the same time, and then filing a separate motion if he won't allow it.
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Customer reply replied 4 years ago
Ok, but my question was actually to file the motions first and then to send them to the judge and ask for them to be heard all at next hearing. The reason why is that the judge will say no to everything and whatever, but i need to do what I need to do to preserve my rights for the appeal.
I was assuming that was the plan. Still, the judge has discretion to refuse to hear everything at the same hearing, depending on how much time there between when you file and the scheduled date. There needs to be enough time for the other party to respond.
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Customer reply replied 4 years ago
I believe I need 2 more days at the library and 2-3 days to digest and come up with the motions, so by next Friday May 24th I will have served and filed hopefully.The hearing is on June 4th.
You need at least 10 days for the other party to respond before the hearing. That's exactly 10 days, but you need to give extra time for service by mail. The judge probably won't allow it. You'd likely need to postpone the hearing, because even if he would allow it, you wouldn't have time to review their response and prepare.
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Customer reply replied 4 years ago
Thank you for the information.

service by mail> service is by email


Then you don't need the extra time, but the judge may still think you're cutting it too close.
Lucy, Esq.
Lucy, Esq., Attorney
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Customer reply replied 4 years ago
Forgot to ask you this: on which rule is the 10 days you mention based ?
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Customer reply replied 4 years ago
Thank you !
But is there any rule for time limits to serve by mail a pre-trial statement before a trial hearing ?
Anything like that would usually be subject to the general rules of discovery and any pre-trial orders where the judge ordered the parties to exchange exhibit lists or something like that.
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Customer reply replied 4 years ago
OK, I guess that you refer to RULE 1.140. DEFENSES (3) If the court permits or requires an amended orresponsive pleading or a more definite statement, thepleading or statement shall be served within 10 daysafter notice of the court’s action.

>>>> Responses to the pleadings or statements shall be served within 10 days of service of the pleadings or statements.

I am talking here about a pre-trial statement.

It should be served 10 days before the hearing if I understand you well, so as to allow the other party to respond ?
Rule 1.140 doesn't have anything to do with pretrial statements. It refers to what happens when a party files a Motion for More Definite Statement after receiving a summons, or a party seeks leave to amend the Complaint, Counterclaim, or Reply.

I was talking about the time for a motion to amend or a motion for new trial to be served under 1.530, because you were asking if you could have the hearing for the motion you're filing on at the hearing already scheduled. The rule gives the other party 10 days to respond, and the judge usually won't put the hearing for a motion on the same day the opposition is due. The judge wants time to read and prepare for the hearing, just as the parties do.
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Customer reply replied 4 years ago
Thank you Lucy, but which rules apply here? Can a pre-trial order be such that it orders one party to file a pre-trial statement almost one day before the hearing, for instance ? is there not a rule to protect the rights of defense in such matters?
There could be, but the judge isn't going to issue any pretrial statements after the trial is heard. The judge is basically treating your letter as a Motion for Rehearing, so he would apply 1.530.
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Customer reply replied 4 years ago
This is unrelated, Lucy, but thank you for reminding. My actual question is that I was served a pre-trial statement of Plaintiff 3 days before the hearing and with over 800 of pages to review from the discoveries. There is no mistake on the part of the Plaintiff here, he was following an order of the judge, its just that the order of the judge issued on December 19th reached me after Xmas and next the pre-trial statement reached me after New Year and there was only 3 business days left to prepare any answer
If you didn't object at the time, it's too late now. If you're saying that the judge allowed papers to be served right before the hearing before, that doesn't necessarily mean that he would do it again with an Opposition to a Motion. I'm not saying that you can't ask. I'm just saying that the judge may say no.
Lucy, Esq.
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