Court Procedure

[aviddiver]

Hi,

I filed a civil lawsuit. The defendant filed a "Motion to Stay Action" and a hearing was set in August.

1. Is there something I should do right now until the hearing?
2. What is a summary judgment and should I file this?

Thank you.

 

[army judge]

Hi,

I filed a civil lawsuit. The defendant filed a "Motion to Stay Action" and a hearing was set in August.

1. Is there something I should do right now until the hearing?
2. What is a summary judgment and should I file this?

Thank you.

You need a lawyer, if you persist in doing this.
Would you try to perform brain surgery on yourself?
This will take a great deal of research on your part.
You can GOOGLE all the phrases you've asked about.

I can't say for sure what the defendant is doing in response to your lawsuit.
It would appear, however, that he/she is trying to derail your lawsuit before it begins.
To do that, he/she woiuld have to prove that your suit is wothout merit, or you have no standing to sue him/her.

 

[aviddiver]

Thank you, Army Judge. I would assume that the defendant would try anything to get out of this. However, I do believe that my lawsuit have merits. The question remains, is there anything for me to do right now until the hearing? I would think that the judge will not grant the defendant their motion without a or until the hearing, correct? Per your first statement, I would hire a lawyer if I can afford it.
Again, thank you very much.

 

[army judge]

Thank you, Army Judge. I would assume that the defendant would try anything to get out of this. However, I do believe that my lawsuit have merits. The question remains, is there anything for me to do right now until the hearing? I would think that the judge will not grant the defendant their motion without a or until the hearing, correct? Per your first statement, I would hire a lawyer if I can afford it.
Again, thank you very much.

Yes, the suit will not be dismissed without the benefit of a hearing.

You'll be notified of that hearing date.

In the interim, prepare your case.

You have the burden of proof.

The defendant doesn't have to do much, except deny your claim.

But, from what you say, they're going to defend vigorously.

You're the plaintiff.

You have to prove what you're alleging.

So, do your research, prepare your argument, dig up the law, and get ready to prove your case!

 

[aviddiver]

Again, Sir (Ma'am) Army Judge, your input is very much appreciated and will allow me to sleep a little better until my hearing. I believe that I have the necessary evidence to prove my case at this time. As you advised, I will continue to read up on the issues at hand.

Best Regards.