Can they "start" the lawsuit before proof of summons has been submitted?

[suitandtie]

I’m suing the us govt. in dc district court. I need time to find a lawyer. I submitted my complaint due to a deadline I did not want to miss.

FRCvP 4 (m) says

(m) TIME LIMIT FOR SERVICE. If a defendant is not served within
120 days after the complaint is filed, the court—on motion or on
its own after notice to the plaintiff—must dismiss the action
without prejudice against that defendant or order that service be
made within a specified time.

So I said great, I’ll mail the summons out and send in the 3 proofs of service of the 3 summonses after I get an attorney. I have 120 days. Addresses were incorrect anyway. But after 60 days the us govt called and said we are filing our first motion. Do you oppose? I complained that the proof of service has not yet been done. They said doesn’t matter.

Are they right? Or are they lying?

The motion arrived and was about something else.

How much time does one normally have to submit a motion to oppose?

Is there any case law on point about

1. Asking that the court adhere to it’s own rules about needing the proof of service, making them wait until I get this document done?
2. Does the govt have the right to download from pacer cases not served and start filing motions?
3. Do I have a right to request a motion for an extension of time on this basis? What case law is on point? .
4. Do I have a right to request a motion for an extension of time on the basis that I want representation? How much time might I get?

 

[Proserpina]

I’m suing the us govt. in dc district court. I need time to find a lawyer. I submitted my complaint due to a deadline I did not want to miss.

FRCvP 4 (m) says

(m) TIME LIMIT FOR SERVICE. If a defendant is not served within
120 days after the complaint is filed, the court—on motion or on
its own after notice to the plaintiff—must dismiss the action
without prejudice against that defendant or order that service be
made within a specified time.

So I said great, I’ll mail the summons out and send in the 3 proofs of service of the 3 summonses after I get an attorney. I have 120 days. Addresses were incorrect anyway. But after 60 days the us govt called and said we are filing our first motion. Do you oppose? I complained that the proof of service has not yet been done. They said doesn’t matter.

Are they right? Or are they lying?

The motion arrived and was about something else.

How much time does one normally have to submit a motion to oppose?

Is there any case law on point about

1. Asking that the court adhere to it’s own rules about needing the proof of service, making them wait until I get this document done?
2. Does the govt have the right to download from pacer cases not served and start filing motions?
3. Do I have a right to request a motion for an extension of time on this basis? What case law is on point? .
4. Do I have a right to request a motion for an extension of time on the basis that I want representation? How much time might I get?

In addition to immediate advice, I am looking for representation after I respond to this. If you want to give me your rates or contact info please private message me.

This isn't a referral service but yes, you absolutely need an attorney. You have no chance at all otherwise.

Here's the rest of it though: http://www.law.cornell.edu/rules/frcp/rule_4

 

[suitandtie]

You have no chance at all otherwise.

Thanks for responding proserpina! I deleted the illegal text. Why do you say this. Are you saying a pro se has never won in district your ever? Or just <1% of cases?

The rule doesn't help me. I had that same url and had posted in the initial version that got eaten. Is there any case law you know of on point?

 

[cbg]

Deleted because I no longer am inclined to provide even the slightest bit of help to this OP. Anyone who wants to know why can check "down the street".

 

[TigerD]

Thanks for responding proserpina! I deleted the illegal text. Why do you say this. Are you saying a pro se has never won in district your ever? Or just <1% of cases?

The rule doesn't help me. I had that same url and had posted in the initial version that got eaten. Is there any case law you know of on point?

Federal court is not the place to play pro se. You will lose. You will lose badly.

The fact that you cannot read and follow basic rules of civil procedure should make that clear to you. Right now the government lawyer is filing several motions including a 12b because there is not a chance that you filed the suit correctly.

Get a lawyer.

TD

 

[quincy]

... Are you saying a pro se has never won in district your ever? Or just <1% of cases? ...

Overall, pro se's do remarkably well in court, winning their legal actions almost as frequently as parties do who are represented by attorneys.

That can be explained partly by the fact that most who represent themselves in legal actions are not suing the government or a big corporation or any other party with a lawyer or a team of lawyers. And pro se's will not often win as well or as big as they might have had they hired an attorney to work for them (in other words, and for one example, damages awarded to pro se plaintiffs tend to be less than they are in similar cases that have been handled by an attorney).

But, hey, a win is a win.

That said, and given your posts here and your posts on the other forum (I ran over there quickly to take a look), I think you are in desperate need of an attorney. The questions you ask show you are ill-prepared to tackle a suit against the government. The government will bury you in motions - and it appears they have already started to shovel earth.

Depending on what your suit against the government involves, you can often find an organization that supports your action and is willing to lend a hand - although you would have been smart to look into this prior to filing.

 

[suitandtie]

Thanks for those tips quincy. I am surprised to hear those states.

I think you are in desperate need of an attorney.

Just so you know there's not an argument about this. That's why I want some more time. Obviously, on a board like this, a common answer is going to be see a lawyer. But then, why have the board if that answer fits for all questions? So... do you or does anyone else know any answers to the other questions, like how much time I have to respond to the motion?

 

[Proserpina]

Thanks for those tips quincy. I am surprised to hear those states.



Just so you know there's not an argument about this. That's why I want some more time. Obviously, on a board like this, a common answer is going to be see a lawyer. But then, why have the board if that answer fits for all questions? So... do you or does anyone else know any answers to the other questions, like how much time I have to respond to the motion?

This is why you're clearly not competent to represent yourself.

Read. The. Information.

 

[suitandtie]

This is why you're clearly not competent to represent yourself.

Read. The. Information.

Thanks again proserpina. And what does "this" refer to? What information do you want me to read, exactly?

So, do you think perhaps I should seek a lawyer? Just maybe? Like I stated I wanted to in my OP 2nd sentence? Really? Wow.

 

[Proserpina]

Thanks again proserpina. And what does "this" refer to? What information do you want me to read, exactly?

So, do you think perhaps I should seek a lawyer? Just maybe? Like I stated I wanted to in my OP 2nd sentence? Really? Wow.

Absolutely.

Because an attorney is going to get paid to listen to you whining. We, on the other hand? Not so much.

You cannot conduct yourself with decorum, yet you feel like you're somehow "owed" an answer. Why is that?

 

[suitandtie]

You cannot conduct yourself with decorum

On what exact basis do you say this? If decorum requires that I avoid satire, humor, the asking for any free advice on freeadvice.com, that I avoid responding to people, that I submit to all unwarranted insults, ok, I would certainly have to agree.

 

[quincy]

Thanks for those tips quincy. I am surprised to hear those states.



Just so you know there's not an argument about this. That's why I want some more time. Obviously, on a board like this, a common answer is going to be see a lawyer. But then, why have the board if that answer fits for all questions? So... do you or does anyone else know any answers to the other questions, like how much time I have to respond to the motion?

This link to "6.3 Motions Practice - Federal Practice Manual for Legal Aid Attorneys" might help you, and it provides a link to local court rules (you will want to check out DC's Rules of Civil Procedure): http://federalpracticemanual.org/node/35

Scroll to 6.3.B.2., Rule 15.

I assume, as TigerD has, that the government's response to your complaint was a 12(b) motion (read 6.3.B.1., Rule 12 from the link).

Again, you need to check your local Rules. And, again, you really need to find an attorney as quickly as possible, if you want your legal action to survive.

 

[suitandtie]

Thanks for the link quincy.

Very helpful.

15 seems to be about filing a motion to amend my complaint. What is the value there? Or is there something else I'm missing?

Yes, the motion is a motion to dismiss under FRCvP Rule 12(b)(3) for improper venue.

Any ideas about Questions 1-4? Right now I am focused on filing a motion for an extension of time.

 

[quincy]

Thanks for the link quincy.

Very helpful.

15 seems to be about filing a motion to amend my complaint. What is the value there? Or is there something else I'm missing?

Yes, the motion is a motion to dismiss under FRCvP Rule 12(b)(3) for improper venue.

Any ideas about Questions 1-4? Right now I am focused on filing a motion for an extension of time.

Yes. You missed something, not that what you missed will do you much good, I'm afraid. Improper venue, huh? I think your case is about to be dismissed.

 

[suitandtie]

Yes. You missed something, not that what you missed will do you much good, I'm afraid. Improper venue, huh? I think your case is about to be dismissed.

What did I miss?