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Ray, Lawyer
Category: Legal
Satisfied Customers: 41020
Experience:  30 years in civil, probate, real estate, elder law
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What happens when you do not respond to a motion to dismiss,

Customer Question

What happens when you do not respond to a motion to dismiss, or discovery requests, or supply your own discovery requests on time? The defense made a deal with my own attorney to drop out of the case a few weeks ago just after serving the petition. I can prove it and I have one hell of a malpractice claim but that's not my concern at the moment, I've just been handed a 1' tall stack of requests and motions and I'm stuck. I've submitted the evidence I have about the "deal" made by the attorneys and asked the judge for sanctions at the first status conference two weeks ago. He didn't say yes, but he didn't say no. What he did do was grant my continuance for six weeks in order to find an attorney and it was obvious that he thought I could find someone that would take the case on contingency but he also made it clear to the defense that he wanted me to be represented. In other words, I'm confident that sanctions will be granted at the next conference. So my continuance was granted and I asked for everything to be continued. The defense lawyer just sent me an email saying that that he was going to complain about me not responding to his motion to dismiss or his discovery request on time. I emailed the clerk and she told me that I did need to Obide by the discovery rules. So here I am late, thinking that these issues were continued. What can happen?
Submitted: 9 months ago.
Category: Legal
Expert:  Ray replied 9 months ago.

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.

Expert:  Ray replied 9 months ago.

Chad I suggest here you try to respond to the motion to dismiss stating you are seeking counsel and that you are responding under duress to avoid the case being dismissed.You can set out the fact history and your efforts to obtain counsel.Ask the court to over rule the motion and allow the case to move forward.You can file something here, this will allow you to obtain lawyer and to avoid dismissal.If there are any documents you can forward that they have asked for do so, again it shows good faith here to the court.

These are your next steps, hopefully you can obtain a new lawyer and get this going forward again.

I appreciate the chance to help you today.Please let me know if you have more follow up.

Expert:  Ray replied 9 months ago.

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Customer: replied 9 months ago.
I hear you, but worse case scenario, will the court grant a motion to dismiss if you don't respond? I was planning on having a response when court reconvenes at the next status conference.
Expert:  Ray replied 9 months ago.

You would want to get this on file otherwise potentially it is a default situation.If you file anything the court likely denies the dismissal as it is disputed.Its a default you really want to avoid.Lawyer can always amend here.Thanks again and the best here.