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court failed to mail me hearing summary.

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johnathan1

Junior Member
state: federal court, washington, dc.
To save time I am just going to focus on the key issue, which isn't too case specific. There was a hearing I attended via phone. The opposition and the judge were on the call. I recall being told I'd get a summary of the hearing. Therefore, I didn't write anything down. Except the next thing I got was a month or so later. It wasn't a summary of the hearing at all. Instead, it said I failed to respond by a deadline. It seems that they mailed it but do not know I never got it. I am curious why I didn't get anything. It seems like either the post office is at fault or the court is at fault for not sending me this hearing summary with dates etc. Does the fact that I never got it allow me extra time? Should I file for a motion to expand the time to respond? On what basis? Is there any case I can cite? Or do I just have to meet the deadline of the complaint that I missed the deadline?

Many thanks in advance.

p.s. I already know I am a moron, so please no need to submit useless ad hominum attacks against me; if you comment isn't useful, say nothing please.

--Johnathan
 


Zigner

Senior Member, Non-Attorney
state: federal court, washington, dc.
To save time I am just going to focus on the key issue, which isn't too case specific. There was a hearing I attended via phone. The opposition and the judge were on the call. I recall being told I'd get a summary of the hearing. Therefore, I didn't write anything down. Except the next thing I got was a month or so later. It wasn't a summary of the hearing at all. Instead, it said I failed to respond by a deadline. It seems that they mailed it but do not know I never got it. I am curious why I didn't get anything. It seems like either the post office is at fault or the court is at fault for not sending me this hearing summary with dates etc. Does the fact that I never got it allow me extra time? Should I file for a motion to expand the time to respond? On what basis? Is there any case I can cite? Or do I just have to meet the deadline of the complaint that I missed the deadline?

Many thanks in advance.

p.s. I already know I am a moron, so please no need to submit useless ad hominum attacks against me; if you comment isn't useful, say nothing please.

--Johnathan
What do you consider a useful comment? It's a valid and important question that needs to be answered before the volunteers waste their time.
 

quincy

Senior Member
state: federal court, washington, dc.
To save time I am just going to focus on the key issue, which isn't too case specific. There was a hearing I attended via phone. The opposition and the judge were on the call. I recall being told I'd get a summary of the hearing. Therefore, I didn't write anything down. Except the next thing I got was a month or so later. It wasn't a summary of the hearing at all. Instead, it said I failed to respond by a deadline. It seems that they mailed it but do not know I never got it. I am curious why I didn't get anything. It seems like either the post office is at fault or the court is at fault for not sending me this hearing summary with dates etc. Does the fact that I never got it allow me extra time? Should I file for a motion to expand the time to respond? On what basis? Is there any case I can cite? Or do I just have to meet the deadline of the complaint that I missed the deadline?

Many thanks in advance.

p.s. I already know I am a moron, so please no need to submit useless ad hominum attacks against me; if you comment isn't useful, say nothing please.

--Johnathan
Did you contact the court to let them know you never received the summary of the hearing? Did you check to make sure they have your correct mailing address? Was the summary that was purportedly sent returned to the court as undeliverable?


(I only asked questions, so I made no "useless" comments - except, perhaps, for this one)
 
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johnathan1

Junior Member
Thanks quincy.

Did you contact the court to let them know you never received the summary of the hearing?
No.
Did you check to make sure they have your correct mailing address?
They do. The address of the complaint that I am late was 100% correct.

Was the summary that was purportedly sent returned to the court as undeliverable?
Not to my knowledge. I assume a clerk would have re-mailed it if that were the case. It has been 1.5 months.

Let me know if there are any other questions to answer.
 

quincy

Senior Member
state: federal court, washington, dc.
To save time I am just going to focus on the key issue, which isn't too case specific. There was a hearing I attended via phone. The opposition and the judge were on the call. I recall being told I'd get a summary of the hearing. Therefore, I didn't write anything down. Except the next thing I got was a month or so later. It wasn't a summary of the hearing at all. Instead, it said I failed to respond by a deadline. It seems that they mailed it but do not know I never got it. I am curious why I didn't get anything. It seems like either the post office is at fault or the court is at fault for not sending me this hearing summary with dates etc. Does the fact that I never got it allow me extra time? Should I file for a motion to expand the time to respond? On what basis? Is there any case I can cite? Or do I just have to meet the deadline of the complaint that I missed the deadline?

Many thanks in advance.

p.s. I already know I am a moron, so please no need to submit useless ad hominum attacks against me; if you comment isn't useful, say nothing please.

--Johnathan
Thank you for answering the questions I asked, Johnathan.

My first suggestion is that you contact the court to let the court know you never received the hearing summary that you anticipated getting. Request another one be sent, after confirming with the court that it has your correct address.

Now, more questions: What sort of hearing was it that you attended by phone? What deadline are you said to have missed?

And can you explain your last: "Or do I just have to meet the deadline of the complaint that I missed the deadline?" I am not sure I know what you are talking about.

It is hard for me to provide answers without a clear picture in my head of the situation.
 

johnathan1

Junior Member
Thank you for answering the questions I asked, Johnathan.
You are most welcome. Thanks for much for reading about my situation and offering very useful commentary.
My first suggestion is that you contact the court to let the court know you never received the hearing summary that you anticipated getting. Request another one be sent, after confirming with the court that it has your correct address.
Ok. I will call them tomorrow. I feared that in doing so without knowing what damage I might do (?arguments I might waive to get me more time?) it might be bad, but I will just do it. I really would like to have a strategy about the time issue before contacting opposition or the court. I don't want to get advice from them either. I mean that's why I posted my questions. (How can I get more time since they messed up.) Now that I think about it more, I am not positive it is to be called a "hearing summary". Just that I was supposed to get something summarizing the judge's decisions and never did.

Now, more questions: What sort of hearing was it that you attended by phone? What deadline are you said to have missed?
It was a hearing on when my motion to oppose their motion would be due. That's all. The thing I got in the mail is a "Order to show cause".

"Johnathan's motion was due Feb. y. Therefore, it is hereby ORDERED that Johnathan SHOW CAUSE, in writing, on or before [few days from now], why opposition's motion should not be granted for lack of opposition.

SO ORDERED."

And can you explain your last: "Or do I just have to meet the deadline of the complaint that I missed the deadline?" I am not sure I know what you are talking about.

It is hard for me to provide answers without a clear picture in my head of the situation.
The "complaint" here means the order from the judge quoted above ordering me to show cause. So that bolded sentence above means, "Am I screwed; do I really need to have this done as if I had gotten the original hearing summary, or can I get more time since the court screwed up."
 
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quincy

Senior Member
You are most welcome. Thanks for much for reading about my situation and offering very useful commentary.


Ok. I will call them tomorrow. I feared that in doing so without knowing what damage I might do (?arguments I might waive to get me more time?) it might be bad, but I will just do it. I really would like to have a strategy about the time issue before contacting opposition or the court. I don't want to get advice from them either. I mean that's why I posted my questions. (How can I get more time since they messed up.) Now that I think about it more, I am not positive it is to be called a "hearing summary". Just that I was supposed to get something summarizing the judge's decisions and never did.

It was a hearing on when my motion to oppose their motion would be due. That's all. The thing I got in the mail is a "Order to show cause".

"Johnathan's motion was due Feb. y. Therefore, it is hereby ORDERED that Johnathan SHOW CAUSE, in writing, on or before [few days from now], why opposition's motion should not be granted for lack of opposition.

SO ORDERED."


The "complaint" here means the order from the judge quoted above ordering me to show cause. So that bolded sentence above means, "Am I screwed; do I really need to have this done as if I had gotten the original hearing summary, or can I get more time since the court screwed up."
Oh. Well, you need to answer the Show Cause first. Do not miss that deadline.

If the phone hearing was specifically to determine when your motion to oppose their motion would be due, you should have made note of that date and not wait for the summary. That was a mistake on your part.
 

johnathan1

Junior Member
Oh. Well, you need to answer the Show Cause first. Do not miss that deadline.

If the phone hearing was specifically to determine when your motion to oppose their motion would be due, you should have made note of that date and not wait for the summary. That was a mistake on your part.
No specific dates were discussed in the hearing, and it was never clear to me from which date they were to be counted. I'm not a lawyer so I trusted what the judge said, which is that I'd be getting something in writing that gives the due dates.

Sounds like you are saying the court doesn't need to mail summaries of hearings. It is up to me to make my own summary. THEN WHY DID THE JUDGE PROMISE TO SEND ME SOMETHING! Judges can do anything they want including lie to people like this.
 
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quincy

Senior Member
No specific dates were discussed in the hearing, and it was never clear to me from which date they were to be counted. I'm not a lawyer so I trusted what the judge said, which is that I'd be getting something in writing that explains the EXACT dates.

Sounds like you are saying the court doesn't need to mail summaries of hearings. It is up to me to make my own summary. THEN WHY DID THE JUDGE PROMISE TO SEND ME SOMETHING!
If no specific dates were discussed in the hearing and you were waiting for the summary, then you can use those facts in your show cause. Again, though, you will want to respond to the show cause before the stated deadline comes and goes.
 

johnathan1

Junior Member
If no specific dates were discussed in the hearing and you were waiting for the summary, then you can use those facts in your show cause. Again, though, you will want to respond to the show cause before the stated deadline comes and goes.
I am not sure I understand. My motion to oppose their motion is about a different subject having nothing to do with dates or the hearing, which was about dates but did not mention any specific dates. I am not sure how the fact that the court screwed up can be used, unless you think I am filing a separate motion for an extension of time to file this motion to oppose. That is where the failure to mail the summary might become relevant, I had thought. But you are saying don't miss the deadline to file the motion to oppose, so what is the point in filing the motion for an extension of time? Would you be so kind to explain how I can use the fact that the court screwed up in any way?
 

quincy

Senior Member
I am not sure I understand. My motion to oppose their motion is about a different subject having nothing to do with dates or the hearing, which was about dates but did not mention any specific dates. I am not sure how the fact that the court screwed up can be used, unless you think I am filing a separate motion for an extension of time to file this motion to oppose. That is where the failure to mail the summary might become relevant, I had thought. But you are saying don't miss the deadline to file the motion to oppose, so what is the point in filing the motion for an extension of time? Would you be so kind to explain how I can use the fact that the court screwed up in any way?
You need to answer the show cause first because you missed the deadline in filing your opposition to the motion filed by the other party. You need to provide the court with a reason why you missed the deadline - or the court will consider the other party's motion unopposed.

What type of legal action is this, johnathan1?
 

johnathan1

Junior Member
You need to answer the show cause first because you missed the deadline in filing your opposition to the motion filed by the other party. You need to provide the court with a reason why you missed the deadline - or the court will consider the other party's motion unopposed.
So basically I need to explain why I am late in my motion? Is that what "show cause" means? I had thought it was to explain why the opposition's motion should be denied.
What type of legal action is this, johnathan1?
It is a lawsuit/complaint with request for a trial by jury.
 

quincy

Senior Member
So basically I need to explain why I am late in my motion? Is that what "show cause" means? I had thought it was to explain why the opposition's motion should be denied.


It is a lawsuit/complaint with request for a trial by jury.
The judge wants to know why you failed to meet the deadline for filing your opposition to the other party's motion. That is what the show cause is for. You need to offer proof to the court that your failure to comply was an excusable failure or an inability to comply.

In other words, the judge will not decide on the other party's motion, consider it an unopposed motion or grant the other party's motion due to lack of opposition, until he has heard from you.

Therefore, if you want to oppose the other party's motion (and to avoid the possibility of sanctions), you need to respond to the show cause order before the deadline to respond. It is only after the court has heard your reasons for failing to file, and made a decision on this, that you can (depending on the court decision) request an extension or file your motion to oppose.

Am I explaining this well enough?
 

johnathan1

Junior Member
The judge wants to know why you failed to meet the deadline for filing your opposition to the other party's motion. That is what the show cause is for. You need to offer proof to the court that your failure to comply was an excusable failure or an inability to comply.

In other words, the judge will not decide on the other party's motion, consider it an unopposed motion or grant the other party's motion due to lack of opposition, until he has heard from you.

Therefore, if you want to oppose the other party's motion (and to avoid the possibility of sanctions), you need to respond to the show cause order before the deadline to respond. It is only after the court has heard your reasons for failing to file, and made a decision on this, that you can (depending on the court decision) request an extension or file your motion to oppose.

Am I explaining this well enough?
Yes quincy you are very clear. I appreciate the time you've spent thinking about this, but I respectfully disagree. Please reread the last the sentence in the order to show cause. It means that I have to file my opposition motion by that time. The court has no idea that I've not gotten the summary of the hearing with the due dates.
 
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