Key elements in a particular Motion/Pleading...

[kmckenn]

What is the name of your state? Ohio: (This is a FEDERAL COURT proceeding)

Complaint (drafted, involuntary Pro-Se) served and replied to by the defendant. Prior to the Defendants reply, I had filed a motion to appoint counsel. The Judge has deferred the appointment, ordering that I tender MORE referals, and provide documentation of my attempts to retain counsel within 45 days.

I would like to motion the court to DEFER my responsive pleadings/memorandums until the issue of counsel has ultimately been resolved. I have probably already dug myself into a pretty deep hole with the way the COMPLAINT was drafted, I'd rather not be throwing dirt in on top of myself by making further, poorly drafted pleadings and/or memorandums if I don't HAVE TO.

If someone could just shove me in the right direction on some of the key words/elements of such a motion/pleading... it would be greatly appreciated.

 

[seniorjudge]

What is the name of your state? Ohio: (This is a FEDERAL COURT proceeding)

Complaint (drafted, involuntary Pro-Se) served and replied to by the defendant. Prior to the Defendants reply, I had filed a motion to appoint counsel. The Judge has deferred the appointment, ordering that I tender MORE referals, and provide documentation of my attempts to retain counsel within 45 days.

I would like to motion the court to DEFER my responsive pleadings/memorandums until the issue of counsel has ultimately been resolved. I have probably already dug myself into a pretty deep hole with the way the COMPLAINT was drafted, I'd rather not be throwing dirt in on top of myself by making further, poorly drafted pleadings and/or memorandums if I don't HAVE TO.

If someone could just shove me in the right direction on some of the key words/elements of such a motion/pleading... it would be greatly appreciated.

Google

federal form motion continuance


I don't want to vouch for any of the info you get on that search (or advertise for anyone), but there is some mighty interesting stuff there.

 

[Quaere]

Out of curiosity, what motion are you attempting to continue? Have they filed a motion to dismiss?

 

[kmckenn]

yes, in their answer... I kinda figured that was std operating procedure in any answer tho.

 

[Quaere]

A motion to dismiss must be filed separately from the Answer to the Complaint.

If they haven't filed a separate motion, then you don't have to do anything else in your case right now.

In other words, you do not file an answer to their answer.

 

[kmckenn]

It was a "... (Defendant) respectfully requests this Court dismiss the claims against it with prejudice..", within the "WHEREFORE" section

 

[Quaere]

Asking for dismissal in the answer to the complaint is not the same as filing a motion for dismissal.

You are not allowed to reply to an answer to the complaint unless the court orders you to do so. See FRCP 7(a).

The court will not grant the defendants request for a dismissal unless the defendant files a separate motion and a supporting brief. There is nothing more for you to do right now...just wait to see if the Judge gives you an attorney.

 

[frankrozanc]

Several questions.

Is this a federal or state complaint? You may file a response if the answer contains a counterclaim by the Defendant. I could give you more information if I saw the pleadings. Federal civil rules and Ohio Civil Rules are not identical.

 

[kmckenn]

Federal...

It appears as though I became unnecessarily alarmed that I had to respond to the defendant's "Answer". Within the Answer, the defendant "... respectfully requests..." that the court dismiss with in the "Wherefore" closing. I had read previouisly that the plaintiff must respond within 21 days (myself believing at that point to the ANSWER) to a *MOTION* for Dismissal, not the Answer, or a REQUEST for Dismissal.

I am involuntarily "Pro-Se", and don't feel as though I can adequately represent myself to the Court, so I was going to Plead or Motion the Court to extend my time to respond until representation could be retained.

The part that makes this more difficult is, I must have some sort of QUARANTINE sign around me, that only lawyers can see, 'cause no one wants to even TALK TO ME about this case. So finding representation is tricky at best.

 

[seniorjudge]

...The part that makes this more difficult is, I must have some sort of QUARANTINE sign around me, that only lawyers can see, 'cause no one wants to even TALK TO ME about this case. So finding representation is tricky at best....

Hang hundred dollar bills all over the quarantine sign; then the lawyers will be looking at the money, not the sign.

 

[badapple40]

That is not a motion to dismiss and does not need to be replied to. Unless you see something that mentions Civ. R. 12(B), it is just a standard answer.