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We are in Federal District court with the United States over…

we are in Federal District...
we are in Federal District court with the United States over purported taxes due.
We are pro se. We have made lots of mistakes and the learning curve has been STEEP.
We realized recently that the time to amend our answer was going to expire on July 31. On July 31 we filed a motion for time so we could amend our answer. Because we are out of time, The judge would have to grant it. The US attorney has filed a motion in opposition to our motion for time.
My question is: can we respond to the attorney's answer, i.e. a motion to strike or just a response to his statements? Or do we just have to wait for the judge to make his decision now and that is it?
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Answered in 5 minutes by:
8/11/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.I'm sorry to hear about this situation. The learning curve is steep regardless Of whether you are an attorney or you are going crochet. Regardless, if somebody submit to motion, then the other party has a chance to submit an opposition to that motion. The party that submitted the original motion doesn't have a chance to submit an opposition to that opposition. The best that you could do in this case is just submit an amendment to the motion that you had originally sir. However, the amendment would only be able to include information that you did not previously put in your first motion. Basically, what stinks is that you kind of have to wait for a judge to weigh the facts, your motion, the opposition by the US attorney.

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Customer reply replied 11 months ago
you mean send an amendment to our motion for time? would we have to take that down to fed courthouse again to put into record? How quickly can we do that? What if the judge makes his decision today before we have a change to amend our time motion?
Customer reply replied 11 months ago
no thank you for the call. I need to keep to the $15 cost.

Correct. I do mean that the only thing you could submit now is an amendment to your original motion, including new information you didn't add earlier, but it can't be to address the opposition. It would basically be new facts or new points of law you didn't include earlier.

You would have to take it down to the fed courthouse again and serve a copy of the amended record on the other party. Depending on the issues, it could take an hour to half a day; I wouldn't know for sure, I'm sorry.

If the judge makes a decision today before you change your motion, then you won't be able to submit any amendments.

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Customer reply replied 11 months ago
ok, I think I understand. By original motion, you mean our original motion for time?
Thank you!

The pleasure is all mine! Correct. I meant the original motion for time.

Further up on the you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
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Legal Eagle and 87 other Legal Specialists are ready to help you
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Customer reply replied 11 months ago
thank you

You're too kind, thank you!

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