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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33405
Experience:  Began practicing law in 1992
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Dwayne, On my last message to you, I informed you that the

Customer Question

Hello Dwayne, On my last message to you, I informed you that the defendant's attorney submitted an answer in motions to dismiss on June 25. On July 16 I responded with a letter to the clerk of court that was stamped and put in my file responding to the
answer and motion to dismiss. I did not send a stamped copy to the defendants, was I supposed to? On August 18, I received a notice of hearing to take place on October 19,2015 to bring forth a motion to dismiss. Is this the process? I am scheduled for a spinal
nerve block on August 27 that many has told me this will reduce my pain tremendously and I will be able to spend the necessary time to study as much as possible of the legal system but right now I am at a blank because of my pain. Please advise.
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Yes, any time you send anything to the court you are supposed to send a copy to the other side. Normally you note that at the bottom of the motion in what is a "Certificate of Service" which just states that on a certain date you sent a copy of the document to the defendant and then you specify how you sent it (fax, certified mail, etc) and then you sign it.

Yes, the judge usually sets a hearing on the Motion to Dismiss and then each side argues their points. As soon as you recover from the surgery do any legal research you have to do and take three copies of the cases with you, one for the judge, one for you, and one for the other side.

Customer: replied 1 year ago.
I have two stamped copies and one for myself but with my memory problem from my situation I did send the attorney office a copy but I am not sure if I sent it certified because I did not feel it was necessary neither am I sure it was a stamped copy. How bad did I mess myself up by not doing it because they have the case set up to dismiss on October 19, is that because I did not send them a stamped copy? If so, what can I do now? I do have cc to the law firm at the bottom of my answers that is stamped.
Expert:  Dwayne B. replied 1 year ago.

It's not a huge issue, you can go ahead and send them one now and you should be okay although the judge may move the hearing date. Be sure and send everything by certified mail, return receipt requested in the future or some other method (a fax if they still use a fax machine) where you can prove they received the document.

If you sent them a copy before it was file stamped then it won't be an issue at all, just send them the file stamped copy and note on the cover letter that you are sending the file stamped copy of the one you sent originally that was not file stamped.