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I got my IllinoisCase Management letter late

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IWILLSTAND

Junior Member
What is the name of your state? Illinois

I am involved in a nasty lawsuit with my ex-girlfriend. I am representing myself in this case because I cannot afford an atty. right now. I have no experience at being a Lawyer. I recently moved and was mailed a Case Management Order. My mail is being forwarded to my new residence. The post office failed to deliver the letter to the new residence it was sent my former neighbor. When I got the letter it was already past the first date where I was suppose to submit a written discovery. I am loosing my mind over this. I called her atty. for advice (I don't even think I should be doing that) she did not reply to my message.:confused:
 


dcatz

Senior Member
First, serve written notice of your new address on her attorney and on the court or this kind of thing will be repeated.

Next, forget about getting help from her attorney. That shouldn’t even need saying. If you’re going to represent yourself, talk to Legal Aid, if you qualify, or start spending some time at a law library learning the ropes.

Was it a Notice of an upcoming CMC or an Order that followed a CMC that you missed? (If you missed one, why?). Was it for the initial CMC or the final one? Has a “Show Cause” hearing been set because you weren’t there? You received more than a “sorry we missed you” card. What is going on?

Have you done any discovery? Do you need to/plan to? If you need to/plan to, why hasn’t it been started? Your state’s rules set the CMC 35 days after the parties are “at issue” and not later than 182 days after the filing of the Complaint. It appears unlikely that you told the court that the matter is at issue. What has gone on in six months (and are you plaintiff or defendant)?

You might take a look at IL Supreme Court Rules 217 – 219. You can find them here:
http://www.state.il.us/court/SupremeCourt/Rules/Art_II/default.asp

For you, the operative language in Rule 219 may be “unreasonably fails to comply”. Try to fix the problem.
 

IWILLSTAND

Junior Member
Thank you!!
This is the first time I got advice on this case. Answering your queations, I missed the initial CRC date, example: it states written notice for discovery is due by 1-16-08. I didn't get the letter until 1-30-08. a few more dates are on the order but they have not past. it states "Written discovery & 213(f)(1) and (2) disclosures to be completed by 3-5 08"

Thank you!!
This is the first time I got advice on this case. Answering your questions, I missed the initial CRC date, example: it states written notice for discovery is due by 1-16-08. I didn't get the letter until 1-30-08. A few more dates are on the order but they have not past. It states "Written discovery & 213(f) (1) and (2) disclosures to be completed by 3-5 08"

The last six months?
Honestly I thought I would get a letter in the mail to go to court and spill the truth and I will be ok, her atty use to talk to me and I was simply giving her the facts about the case.

Here's a little history about this case, My Ex-girl friend is accusing me of posting and reposting private videos of myself and her having sex. at this point it's to my knowledge that the private video posted was in hands of the "Plaintiff" I am the defendant. The Plaintiff’s atty has never shown me the video they're accusing me of posting. I do have a copy of one video that I had to go dig out of storage. In her initial report she states only one video was made so I have no idea what they are cooking up. It gets technical my mom and my sisters IP address is on the posting. For mailing purposes I use my Moms address that’s the only address she knew how to come after me. My Fiancé and I live together. It was believed by the plaintiff that I was coming into a large some of money and that mixed with me being engaged I am being attacked. She has help from other sources from my knowledge to pull this stunt. This house does have a wireless router. I don't know what steps to take. Thank you
 

dcatz

Senior Member
I’m just addressing the procedural aspects, not the merits of the case.

I’d have to go back and check the significance of “written notice for discovery”, but now you can do that too. All Rules are posted on the link provided. I’m not IL, but it appears that you still have time for discovery and, if the attorney balks at anything served now, you address the fact of mis-mailing to the court. I find it very hard to believe that you are or would be foreclosed from discovery, and it certainly sounds as if you need it to get a look at that video.

Not being that conversant with IL procedure, I would expect that notice of initial trial appearance dates was either served on you when process was served or it was plaintiff’s counsel’s responsibility to mail to you after service of process was completed. If it was the latter, it’s one more reason to get the address straightened out.

IL hosts a couple of very good sites for legal assistance. Given the nature of your case, there is one, in particular, that might be useful. It is actually for training attorneys to do pro bono work in the community, but it has forms for discovery that you may be able to adapt, manuals and even training videos. Since it is geared to attorneys, some parts may be more than you need or want, but it may also give you a needed feel for courtroom procedure:
http://www.illinoislegaladvocate.org/index.cfm?fuseaction=home.showPracticeArea&practiceAreaID=77

SUI Law Library also posts a lot of resources online and breaks them down by subject matter:
http://www.law.siu.edu/selfhelp/info/court/
 

IWILLSTAND

Junior Member
Thank you, Very Helpful. I make 30 grand a year a household 3 kids and soon to be wife that dont' work, she's in school. one dolloar out my door can send this operation down the drain. They are trying to make this into a Tort case. Do you think I should file for Bankruptcy to be on the safe side? I already have debt . Since Im representing myself im afraid the judge may not want to listen to me. I also hear rumors that I cannot discharge this debt. Thank you, Happy Superbowl!!! I can't enjoy it this year this is bugging me.
 

dcatz

Senior Member
Do you think I should file for Bankruptcy to be on the safe side?
Re-post that question in the Bankruptcy forum. I do commercial litigation and creditors' rights work, and I've never counseled someone to bankruptcy. However, under appropriate circumstances, I couldn't rule it out.

I don't know why a judgment wouldn't be dischargeable on the facts posted, but I also suspect that there is more to this than we know or need to know. It's a pretty avaricious and vendictive tale, as told.

If BK was a choice, it's a choice that can be made after an adverse judgment, if that were to happen.

My immediate concern, if I were in your shoes, is getting "out lawyered", whether you're right or wrong. If there's a lot at stake (and that's always relative, I know), I think you could use some help, if you're certain that you're wearing the white hat.
 

IWILLSTAND

Junior Member
Do I have to go to the court house to file?

What is the name of your state? Illinois

Hi,
Im involved in a Tort case, My ex-girlfriend had her Lawyer sent me forms requesting that I admit to the claim, also there's a CRC in effect for discovery. Im preparing my discovery, which I am defendimg myself. Will I have to file my discovery with the court or would I have my forms filled out and noterized and sent to her lawyer requesting Production of Docs. also sumitting discovery and "Depositions"?
 

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