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I started a Civil Suit Pro Se what deadlines should i be aware of?


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#21 disabled4life

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Posted 17 February 2013 - 04:15 AM

Don't expect to get much talking during the hearing. Assume that the entire case will have been decided before hand when the judge reviews everything that has been submitted by the two parties.

#22 FEDERALRESERVE

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Posted 17 February 2013 - 09:39 PM

It’s not the judge you are fighting, it’s the opposing party and his lawyer. As to what you might expect, there is no way to answer that since I don’t know anything about the case, haven’t read your complaint, and haven’t read the response the defense made. You might start by telling us briefly what the facts are, what you are hoping to get from the lawsuit, and the state and type of court in which the case is being litigated. That may get you a lot more helpful comments and suggestions.

It is about a contract that was not honored and more money was paid to complete the services. It is a state district court. The initial complaint was filed with a request for admissions. But a general denial was filed.
Typically, what is next thing the opposing side will file? (or what is the usual thing that occurs after they file a general denial)

What should I be doing? (asking for jury trial?)

#23 disabled4life

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Posted 18 February 2013 - 02:21 AM

First of all I would count on having no cooperation whatsoever from the judge. If there is anyway that the opposition can weasle out of it I'd pretty much depend on the judge looking the other way and allowing it. You ask how they do this and how they can get away with this? This is how it happens. The opposition will put together a long involved answer... it will be like 30-40 pages and have various facets of defense. However, key facts will be wrong and here and there will be falsities and also there will be legal statutes that are interpreted as fact (i.e. case law that is applied in such a way and presented in such a way to make it appear like that is actually the law...and the judge will conveniently go along with it) If all of these things are taken individually and separately, it would be easy to dispute them. However, what happens is the whole thing is put together so nicely and professionally, that when the hearing comes along, you can see that the judge has already decided in their favor. When you go to dispute or want to start pointing out the deficiencies you'll feel like your just a rambling idiot. They will just treat you as since your not an attorney, and the opposition is an attorney, that your not even worth listening to. You'll be trying to point out the lies in the opposition and they will just be telling you to hurry up so they can move onto the next case, because there is usually a courtroom of people waiting to have their cases heard (not sure if its like that in a State court). It would seem to me that a jury made up of non-attorneys and normal people would definitely not let them get away with something like that where as the judge will be sure to let them get away with it if there is nothing to stop him.

#24 Fallen

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Posted 21 February 2013 - 03:26 PM

I won't presume to know whether the judge is in anyone's pocket or whether indeed you will otherwise need to fight the judge; that's a whole 'nother bunch of kettles we simply can't afford to think about without stated reason.

Pretty much ANY lawyer will file a motion to dismiss; you could literally have an original, valid, original signed equivalent of "I did everything Joe said I did" and have that be true. :)

Hell's bells, we still don't even know what court system or what kind of case this is. To the original poster, this is simply not something someone will be able to walk you through over the internet even if you provided all the relevant info (and you have posed your questions as though timelines and procedures work the same everywhere). Either you do the research and spend time in a local library examining how this works, practice manuals, etc. (which is essentially what you ought to do before filing suit) or ... you're knowingly walking unarmed into a gun fight.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#25 disabled4life

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Posted 21 February 2013 - 10:31 PM

I'd say if you can afford it and if this is something substantial I would definitely get a jury. Its not so much that the judge is in anyone's pocket its just that through the entire thing, in my experience, the entire underlying theme is not going to be so much about whos right or whats just but more about how you had the nerve to walk into their courtroom thinking that you could represent yourself and actually prevail. You can pretty much depend on that being a major factor and all the opposition has to do is whip up something feasible that the judge can go along with without too much scrutiny. A jury made up of other people not affiliated with the courtroom and its culture is much more likely to produce unbiased results... Just my opinion, take it for what its worth.

#26 FEDERALRESERVE

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Posted 25 February 2013 - 09:31 AM

I'd say if you can afford it and if this is something substantial I would definitely get a jury. Its not so much that the judge is in anyone's pocket its just that through the entire thing, in my experience, the entire underlying theme is not going to be so much about whos right or whats just but more about how you had the nerve to walk into their courtroom thinking that you could represent yourself and actually prevail. You can pretty much depend on that being a major factor and all the opposition has to do is whip up something feasible that the judge can go along with without too much scrutiny. A jury made up of other people not affiliated with the courtroom and its culture is much more likely to produce unbiased results... Just my opinion, take it for what its worth.

One issue that I have not researched is the approximate cost of proceeding with the suit. For example, there was the filing fees at the initiation of this suit.
What other expenses shall I expect (i.e..) other court fees, deposition costs, mediation fees, etc.. what are the upcoming expenses that I should expect to pay??

#27 disabled4life

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Posted 25 February 2013 - 10:06 PM

One issue that I have not researched is the approximate cost of proceeding with the suit. For example, there was the filing fees at the initiation of this suit.
What other expenses shall I expect (i.e..) other court fees, deposition costs, mediation fees, etc.. what are the upcoming expenses that I should expect to pay??


I think it all depends on the court. If you are shelling out for filing fees, if I'm not mistaken everytime you file something, there is an associated fee. There is fee that you must pay for a jury... if I remember correctly it was like $300.00. Supposedly if you win the other party is supposed to pay for all of your costs and fees. I would carefully look at what the opposition is filing and take it in light of what I've said if your planning on having a judge preside over the case. I am just saying if you know you are right in the matter and your material is short and to the point and you know the other party is wrong and their answer and legal defense is extremely long and complex... I'd be quite careful about investing alot of time or money into it, especially if a judge is going to be presiding over the case.

#28 FEDERALRESERVE

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Posted 26 February 2013 - 09:35 PM

I read somewhere that I need to start FRCP 26 (F) at what point should I start this process? After the initial General Denial? or at what point?

#29 disabled4life

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Posted 27 February 2013 - 05:41 AM

I read somewhere that I need to start FRCP 26 (F) at what point should I start this process? After the initial General Denial? or at what point?

I could be completely wrong but that sounds like maybe a reference to a form or document that pertains specifically to the court. You should have no problem whatsoever asking the court clerk for any assistance in relation to their specific court rules. They should also be able to refer you to all of their court rules. Otherwise I personally don't know what FRCP 26 is... I've never heard of anything being referred to like that that wasn't like a particular court's form number.

#30 pg1067

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Posted 27 February 2013 - 07:00 AM

I read somewhere that I need to start FRCP 26 (F) at what point should I start this process? After the initial General Denial? or at what point?


I could be completely wrong but that sounds like maybe a reference to a form or document that pertains specifically to the court. You should have no problem whatsoever asking the court clerk for any assistance in relation to their specific court rules. They should also be able to refer you to all of their court rules. Otherwise I personally don't know what FRCP 26 is... I've never heard of anything being referred to like that that wasn't like a particular court's form number.


Query why you'd even respond when you don't know what it is.

The poster is talking about Rule 26(f) of the Federal Rules of Civil Procedure. It is applicable in every civil action filed in federal district court, and the court clerk is not going to provide any assistance.

To "FEDERALRESERVE": The timing of the Rule 26(f) conference is clearly spelled out in Rule 26(f)(1). You should start formulating your thoughts on the issues mentioned in Rule 26(f)(3) as soon as you file the complaint or are served with the complaint (depending on whether you're plaintiff or defendant), and you should consider scheduling the conference as soon as all parties have appeared. You should also faimiliarize yourself with the local rules of the district in which your case is pending and the standing order (or "local local" rules) of the judge to whom the case is assigned.

#31 disabled4life

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Posted 28 February 2013 - 06:55 AM

Query why you'd even respond when you don't know what it is.

The poster is talking about Rule 26(f) of the Federal Rules of Civil Procedure. It is applicable in every civil action filed in federal district court, and the court clerk is not going to provide any assistance.

To "FEDERALRESERVE": The timing of the Rule 26(f) conference is clearly spelled out in Rule 26(f)(1). You should start formulating your thoughts on the issues mentioned in Rule 26(f)(3) as soon as you file the complaint or are served with the complaint (depending on whether you're plaintiff or defendant), and you should consider scheduling the conference as soon as all parties have appeared. You should also faimiliarize yourself with the local rules of the district in which your case is pending and the standing order (or "local local" rules) of the judge to whom the case is assigned.


Its a discussion board, I was throwing around ideas of what I thought it might be. I think the real question is, if you in fact know what it is, what the point is of quoting and referencing my post. I'm pretty sure this is a legal discussion board where people are free to express their ideas.. and I dont remember any kind of guarantee that someone with actual knowledge on the subject is going to be reading the thread and posting about it. Trust me there was no intentional misleading going on.. it simply looked like something that might be some kind of local court rule.

#32 FEDERALRESERVE

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Posted 28 February 2013 - 12:52 PM

Query why you'd even respond when you don't know what it is.

The poster is talking about Rule 26(f) of the Federal Rules of Civil Procedure. It is applicable in every civil action filed in federal district court, and the court clerk is not going to provide any assistance.

To "FEDERALRESERVE": The timing of the Rule 26(f) conference is clearly spelled out in Rule 26(f)(1). You should start formulating your thoughts on the issues mentioned in Rule 26(f)(3) as soon as you file the complaint or are served with the complaint (depending on whether you're plaintiff or defendant), and you should consider scheduling the conference as soon as all parties have appeared. You should also faimiliarize yourself with the local rules of the district in which your case is pending and the standing order (or "local local" rules) of the judge to whom the case is assigned.


To Pg1067 (in regards to Docket control) (Its a District Court)

A Docket Control Conference may be set at any time following the filing of an answer in said suit, upon the request of either party or upon the Court’s own Motion. If no Docket Control Conference has been held by the expiration of 120 days from the date suit is filed, then such conference shall be automatically scheduled by the Court. If no Docket Control Conference has been scheduled in family law cases by the expiration of 60 days from the date suit is filed, then such conference shall be automatically scheduled by the Court. At any time such a conference is scheduled the Court in which the case is pending shall notify all attorneys in charge of the date and hour the attorneys are to appear in the office of the court coordinator for the purpose of conducting such conference.

I have the local rules handout onhand.

#33 pg1067

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Posted 28 February 2013 - 01:05 PM

Sounds like you're quoting something from your court's local rules, so I would only caution that "docket control conference," as that term is used in your quote, doesn't sound like the same thing as the conference required by FRCP 26(f).

#34 Tax_Counsel

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Posted 28 February 2013 - 03:20 PM

To Pg1067 (in regards to Docket control) (Its a District Court)

If no Docket Control Conference has been scheduled in family law cases by the expiration of 60 days from the date suit is filed, then such conference shall be automatically scheduled by the Court.

I have the local rules handout onhand.


Wait, is this a U.S. District Court (federal court) or a state district court? The reason that I ask is that federal Courts do not handle family law matters except in very unusual circumstances. Thus, having a rule about family law cases in the rules for a federal court would be most curious, indeed. Family law cases are generally the exclusive province of the state courts. Indeed, you mention earlier that it is a state district court, which would mean use of Rule 26(f) of the Federal Rules of Civil Procedure (FRCP) is out-of-place. The FRCP applies only to cases in federal court, not state court. You need the state court rules for that, and indeed you may be quoting the state rule which serves for state court the same purpose that FRCP 26(f) serves for federal court.

#35 FEDERALRESERVE

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Posted 03 March 2013 - 12:29 PM

The respond from the defendant have been recieved via registered mail. The defandant replied with a DENY on each request for admission. What should be my next move?

#36 disabled4life

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Posted 03 March 2013 - 02:47 PM

Just thinking back so take whatever I say with a grain of salt but I'm thinking something to the effect of sworn statements, or interrogatories... something to that effect. Where you submit something with questions and they have to answer under penalty of perjury.

#37 FEDERALRESERVE

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Posted 03 March 2013 - 03:21 PM

Your grain of salt is worth more than its weight in gold.

Wait, is this a U.S. District Court (federal court) or a state district court? The reason that I ask is that federal Courts do not handle family law matters except in very unusual circumstances. Thus, having a rule about family law cases in the rules for a federal court would be most curious, indeed. Family law cases are generally the exclusive province of the state courts. Indeed, you mention earlier that it is a state district court, which would mean use of Rule 26(f) of the Federal Rules of Civil Procedure (FRCP) is out-of-place. The FRCP applies only to cases in federal court, not state court. You need the state court rules for that, and indeed you may be quoting the state rule which serves for state court the same purpose that FRCP 26(f) serves for federal court.

Im approaching the sixty (60) day mark, I need to file a docket control conference, ive read it can be informal. What is the document called that is filed with the court regarding this matter and what content shall it contain?

#38 Tax_Counsel

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Posted 03 March 2013 - 10:02 PM

Im approaching the sixty (60) day mark, I need to file a docket control conference, ive read it can be informal. What is the document called that is filed with the court regarding this matter and what content shall it contain?


I'm assuming that this is in a STATE district court. In order to get helpful replies, you'll need to specify which state it is.

#39 FEDERALRESERVE

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Posted 16 March 2013 - 06:36 PM

Ok Im about to request a settlement, What approach should I take? I will have call the opposing attorney on MONDAY, What do you suggest I say to them. I dont want to ask to low, or to high....




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