Federal Court Timeline

[f1355b]

What is the name of your state (only U.S. law)? AZ

I filed my complaint (pre se) in federal court back in October of 2014. Defendants responded and I replied... after two weeks from the last reply from the defendants the court asked that I amend my original complaint otherwise my complaint would have been dismissed. I amended the complaint and then the defendants responded and I replied and so on... it has now been about 2 months since the last doc has been submitted by the defendant and I have not yet heard anything from the court. My question is, how long does the court have to review the amended complaint and all responses/replies that followed? I heard something about a 150 day notice where the court will send a notice to both parties asking both parties about their current position and then with the received responses, will then decide if we move to the pre trial stage or not. What am to expect?

Thank you in advance!!

 

[quincy]

Here are links to Arizona Court Rules:

https://www.azcourts.gov/rules

https://govt.westlaw.com/azrules/Index?_lrguid=i1e620b2a26404af685c9893b036af75a&transitionType=Default&contextData=(sc.Default)

 

[FlyingRon]

Here are links to Arizona Court Rules:

Quincy, he's in FEDERAL court.

 

[quincy]

Quincy, he's in FEDERAL court.

Oops. Thanks for pointing that out.

I was skimming threads and saw Arizona and pre [sic] se and totally skipped over "federal" (twice, apparently).

Here is a link to the Federal Rules of Civil Procedure:

https://www.law.cornell.edu/rules/frcp

 

[f1355b]

Oops. Thanks for pointing that out.

I was skimming threads and saw Arizona and pre [sic] se and totally skipped over "federal" (twice, apparently).

Here is a link to the Federal Rules of Civil Procedure:

https://www.law.cornell.edu/rules/frcp

Thank you for your response.
I currently at rule 12, I am waiting for the courts action, I was wondering if the court has a deadline to action. Its been about 70 days since the last filing (by defendant). I looked through the various rules and I didn't see where it may tell me how long the court will take. Did i miss it somewhere with in the rules?

 

[TigerD]

Thank you for your response.
I currently at rule 12, I am waiting for the courts action, I was wondering if the court has a deadline to action. Its been about 70 days since the last filing (by defendant). I looked through the various rules and I didn't see where it may tell me how long the court will take. Did i miss it somewhere with in the rules?

Not to be mean, but, there is a reason law students spend an entire year on civil procedure. And when they graduate, they still don't know enough to do it well without supervision of an experienced lawyer.

If you are asking these questions, you need to seek professional help. Federal court is not the place to dabble.

TD

 

[f1355b]

Not to be mean, but, there is a reason law students spend an entire year on civil procedure. And when they graduate, they still don't know enough to do it well without supervision of an experienced lawyer.

If you are asking these questions, you need to seek professional help. Federal court is not the place to dabble.

TD

I am the plaintiff and I am pro se . Its been a stressful year and I would just like to know if the court has a deadline. Once it reaches pretrial stage is when I will have an attourney pick it up and take it form there. I don't have $200 to spend on a consult just to have one question answered.

 

[TigerD]

Once it reaches pretrial stage is when I will have an attourney pick it up and take it form there.

Against a good attorney, you never get to the summary judgment stage.
Many attorneys won't take on a case that has been screwed up by a pro se litigant. The ones that do, charge more than if you had hired an attorney in the first place.

Good luck. I think you are making a horrible strategic error.

TD

 

[quincy]

Thank you for your response.
I currently at rule 12, I am waiting for the courts action, I was wondering if the court has a deadline to action. Its been about 70 days since the last filing (by defendant). I looked through the various rules and I didn't see where it may tell me how long the court will take. Did i miss it somewhere with in the rules?

Jump from Rule 12 to Rule 15. Read the Rule as well as the notes.

Here is a direct link to Rule 15, Amended and Supplemental Pleadings: https://www.law.cornell.edu/rules/frcp/rule_15

What was the reason given you by the court for amending the complaint?

I agree with TigerD that federal court is not a good place to be a pro se. I am glad you are considering having an attorney handle the case for you.

 

[Paul84]

I am also a pro se plaintiff. Its been a stressful year and I would just like to know if the court has a deadline. Once it reaches pretrial stage is when I will have an attourney pick it up and take it form there. I don't have $200 to spend on a consult just to have one question answered.

I, too, am a pro-se plaintiff in federal court (New York). It took the magistrate for my case exactly 365 days to issue a ruling on defendants' motion to dismiss my amended complaint. The magistrate allowed a claim to advance and dismissed the others. I opposed the dismissal and it took the magistrate's superior, the district judge, exactly six more months to review the magistrate's "report and recommendation" by allowing another claim to advance. You need to oppose such a magistrate's ruling if you ever think you might need to appeal. After that experience, I asked that only the district judge handle my case, and rather than slow things down--since judges give priority to criminal cases, the judge seems prompt, often issuing rulings, albeit brief ones, in a matter of days based on opposing letters.

Recently, I saw a lengthy document online that seemed to track all still-outstanding federal complaints that have exceeded six months without a judge's order and giving a reason for the "delay". I've also seen appellate rulings via Google Scholar that took nearly two years from filing to a decision. So, in summary, there seems to be no firm deadline for federal cases. My case will soon be finishing its third year and both sides have only recently filed motions for summary judgment and partial summary judgment--i.e. a judge's ruling without a trial.

 

[f1355b]

Jump from Rule 12 to Rule 15. Read the Rule as well as the notes.

Here is a direct link to Rule 15, Amended and Supplemental Pleadings: https://www.law.cornell.edu/rules/frcp/rule_15

What was the reason given you by the court for amending the complaint?

I agree with TigerD that federal court is not a good place to be a pro se. I am glad you are considering having an attorney handle the case for you.

I actually have a retired trial attourney helping me, since he is retired, he is on vacation right now. I am citing Bivens in my case and the multiple unkown defendants were referred to as john doe 1, john doe 2,.... the court said needed to specify each john doe by something more identifying, example, US Marshall John Doe 1 - who was driving the black suv...2.....3..... for all unknown individuals.

 

[quincy]

I, too, am a pro-se plaintiff in federal court (New York). It took the magistrate for my case exactly 365 days to issue a ruling on defendants' motion to dismiss my amended complaint. The magistrate allowed a claim to advance and dismissed the others. I opposed the dismissal and it took the magistrate's superior, the district judge, exactly six more months to review the magistrate's "report and recommendation" by allowing another claim to advance. You need to oppose such a magistrate's ruling if you ever think you might need to appeal. After that experience, I asked that only the district judge handle my case, and rather than slow things down--since judges give priority to criminal cases, the judge seems prompt, often issuing rulings, albeit brief ones, in a matter of days based on opposing letters.

Recently, I saw a lengthy document online that seemed to track all still-outstanding federal complaints that have exceeded six months without a judge's order and giving a reason for the "delay". I've also seen appellate rulings via Google Scholar that took nearly two years from filing to a decision. So, in summary, there seems to be no firm deadline for federal cases. My case will soon be finishing its third year and both sides have only recently filed motions for summary judgment and partial summary judgment--i.e. a judge's ruling without a trial.

One of the biggest problems with "simple" legal questions is that there are rarely "simple" legal answers to go with them.

 

[f1355b]

I, too, am a pro-se plaintiff in federal court (New York). It took the magistrate for my case exactly 365 days to issue a ruling on defendants' motion to dismiss my amended complaint. The magistrate allowed a claim to advance and dismissed the others. I opposed the dismissal and it took the magistrate's superior, the district judge, exactly six more months to review the magistrate's "report and recommendation" by allowing another claim to advance. You need to oppose such a magistrate's ruling if you ever think you might need to appeal. After that experience, I asked that only the district judge handle my case, and rather than slow things down--since judges give priority to criminal cases, the judge seems prompt, often issuing rulings, albeit brief ones, in a matter of days based on opposing letters.

Recently, I saw a lengthy document online that seemed to track all still-outstanding federal complaints that have exceeded six months without a judge's order and giving a reason for the "delay". I've also seen appellate rulings via Google Scholar that took nearly two years from filing to a decision. So, in summary, there seems to be no firm deadline for federal cases. My case will soon be finishing its third year and both sides have only recently filed motions for summary judgment and partial summary judgment--i.e. a judge's ruling without a trial.

I waived the option of a magistrate Judge and demanded a district court judge and have demanded a Jury trial. The defendants are requesting a magistrate judge because as they state, "The result of a jury trial would be absurd."
SO i don't know if that makes a difference on waiting time.

 

[f1355b]

One of the biggest problems with "simple" legal questions is that there are rarely "simple" legal answers to go with them.

Yes, so it seems that there is no time limit. Its just when they get to it.

 

[quincy]

I actually have a retired trial attourney helping me, since he is retired, he is on vacation right now. I am citing Bivens in my case and the multiple unkown defendants were referred to as john doe 1, john doe 2,.... the court said needed to specify each john doe by something more identifying, example, US Marshall John Doe 1 - who was driving the black suv...2.....3..... for all unknown individuals.

I just saw your post, f1355b.

It is good to know that you have a trial attorney assisting you. Because the attorney has access to all of the facts of your case, I would rely on his expertise and not confuse yourself by seeking answers on forums. As good as some answers might be, there tends to be a lot of nonsense online, as well.

Good luck.