General Question: Can you respond to a moving party's motion?

[DarkoLight]

This is for Colorado: Can you respond to a motion but in support of it?

Fyi: It is a motion to file an answer out of time.

 

[quincy]

This is for Colorado: Can you respond to a motion but in support of it?

Fyi: It is a motion to file an answer out of time.

Who are you in this scenario?

 

[DarkoLight]

In this scenario the Plaintiff. Is it unheard of to respond in support of a motion?

 

[quincy]

In this scenario the Plaintiff. Is it unheard of to respond in support of a motion??

You can agree to an extension of time for the defendant to file an answer to your complaint.

 

[DarkoLight]

I see -- If I have that in writing. Can I submit that to the judge?

 

[quincy]

I see -- If I have that in writing. Can I submit that to the judge?

If the other party has not already filed their motion, they can submit an uncontested motion for an extension of time, or you can respond in support of the motion.

 

[LdiJ]

I see -- If I have that in writing. Can I submit that to the judge?

You can file an answer to the motion agreeing to the extension of time.

 

[DarkoLight]

Got it. Would I title it: “Plaintiff’s Answer to motion for extension of time to file answers”

Then include my supporting documentation?

Kind of a long title.

 

[quincy]

Got it. Would I title it: “Plaintiff’s Answer to motion for extension of time to file answers”

Then include my supporting documentation?

Kind of a long title.

Following is a link to the Rules. See Rule 6.1(a) (stipulate in writing to extension) and Rule 7.1 (c) and (d) (motions):

http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/LocalRules/CivilLocalRules.aspx

A slight correction to what I wrote previously: Instead of "Uncontested Motion for _", Colorado uses "Unopposed Motion for _."

 

[LdiJ]

Got it. Would I title it: “Plaintiff’s Answer to motion for extension of time to file answers”

Then include my supporting documentation?

Kind of a long title.

Yes its kind of a long title, but its an accurate title and that is what is appropriate. You really do not have to include any supporting documentation, you just have to say that you agree to the extension of time to file answers. Short and sweet.

 

[DarkoLight]

I appreciate this. Thank you both.

 

[quincy]

The thanks are appreciated.

Good luck.

 

[Taxing Matters]

Got it. Would I title it: “Plaintiff’s Answer to motion for extension of time to file answers”

Then include my supporting documentation?

Kind of a long title.

It would be better to title it “Plaintiff’s Reply to Defendant’s Motion for Extension of Time to Answer.”

In Colorado civil pleading, you have a complaint (which you filed) and then an answer by the defendant (which he has not yet filed and is seeking an extension of time). So he is filing a motion to get that extra time, and your response to that is known as a reply, not an answer.

 

[latigo]

Following is a link to the Rules. See Rule 6.1(a) (stipulate in writing to extension) and Rule 7.1 (c) and (d) (motions):

http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/LocalRules/CivilLocalRules.aspx [B]?[/B](?) [/QUOTE]

What prompts you to cite the [I]Civil Local Rules of the United States District Court in and for the State of Colorado[/I]?

Do you have reason to believe that that body of rules is applicable here and not their state counterpart?

 

[quincy]

What prompts you to cite the Civil Local Rules of the United States District Court in and for the State of Colorado?

Do you have reason to believe that that body of rules is applicable here and not their state counterpart?

No ... ... ...