Author Topic: Federal Court Question (Motion for extension of time)  (Read 4431 times)

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thegame26

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Federal Court Question (Motion for extension of time)
« on: September 20, 2007 09:44:59 PM »
I have a lawsuit currently in federal court. Today in the mail I recieved a 'motion for extension of time to file answer' (they got a local lawyer to do the case). It was filed electronically apperently via pacer and sent regular mail.

Regarding this I have a couple of questions.

1. I thought I had read in the federal rules that all motions had to present certification of service with the motion to even file. Is this true (obviously this wasn't)

2. What motion(s) can I file to contest their motion?

3. In relation to #1 can I file a motion electronically and regular mail? Where would I find the email addys? Or could I send it to the same one they did? (I do have PACER access).

4. Finally, what normally happens? Will there be hearing I have to go to for the motion, or will be handled without having to go court?


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Re: Federal Court Question (Motion for extension of time)
« Reply #1 on: September 21, 2007 01:10:46 AM »
I have a lawsuit currently in federal court. Today in the mail I recieved a 'motion for extension of time to file answer' (they got a local lawyer to do the case). It was filed electronically apperently via pacer and sent regular mail.

Regarding this I have a couple of questions.

1. I thought I had read in the federal rules that all motions had to present certification of service with the motion to even file. Is this true (obviously this wasn't)

Your Local Rules may allow for the certificate of service to be left off the electronic record.  However, I doubt that is the case; it may simply not have been put on-line in error or someone forgot to submit it with the motion when they did the electronic filing.  If this is the case--and it likely is--then it would be a procedural error which the court would allow to be corrected later.

If you got the Certificate of Service with the hard copy, it's likely it's bona-fide error on either the court's part or that of the opposing party.

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2. What motion(s) can I file to contest their motion?

You can file an Opposition to Extension of Time to File Answer, but you need to do it fast.  Don't count on getting your opposition granted, however:  It's a common tactic among opposing attorneys to file such a motion, and equally common for the court to grant the motion even if one were to file their opposition motion in time for the judge to consider it!  This happened to me last time out, even though I made it clear that I opposed granting the extension to the defense attorney (who had requested the extension prior to motioning the court for it) as well as the court.

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3. In relation to #1 can I file a motion electronically and regular mail? Where would I find the email addys? Or could I send it to the same one they did? (I do have PACER access).

Electronic filing is not available to non-attorneys.  You should contact the court and ask if they will accept filing pleadings by mail; most Federal courts do.  Then, to make it easier on the court (and is more professional) when it comes time to post the pleadings to PACER, mail them a .pdf of the pleading and any accompanying documents on a CD.

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4. Finally, what normally happens? Will there be hearing I have to go to for the motion, or will be handled without having to go court?

There might be a court hearing scheduled, but the likelihood is that the Judge will grant or deny the Motion on the pleadings without a hearing.  This ruling on motions without hearing is a common practice in Federal Courts.
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thegame26

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Re: Federal Court Question (Motion for extension of time)
« Reply #2 on: September 21, 2007 01:39:34 AM »
Wait...Doesn't 'certifcarte of service' mean that you have to pay someone to serve the motion?  Like when I intially filed the suit I had to pay for a process server.  That's what I'm questioning.  They just sent it regular mail, I thought I had read in the federal rules that for you to file the motion with court you had to present the certificate of service with the motion.

Maybe I'm misssing something.

Is there any specific rule I should cite?  Most seem to be worded from the defense perspective rather the plaintiffs.  Just flat out say:  that is a stalling tatic....defendant has had ample time to answer........defendant put themselves in this situation.......
« Last Edit: September 21, 2007 02:08:53 AM by thegame26 »

rubyruby27

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Re: Federal Court Question (Motion for extension of time)
« Reply #3 on: September 21, 2007 02:22:13 AM »
ceritificate of service means you are certifying to the courts that you mailed the information ie motions etc to the other party.

You gotta a lot of learning start reading.

thegame26

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Re: Federal Court Question (Motion for extension of time)
« Reply #4 on: September 21, 2007 06:07:29 PM »
well that sucks. they are already granted his motion in a day, so much for allowing a chance to respond.