What is the name of your state? Lousiiana
I initiated a suit in state court, it was removed to federal court, and then returned to state court after dismissal of federal claims against one of two defendants. This leaves the pending state claims against one defendant. My attorney says that we will move for a status conference to "see where we stand". Since this thing has been returned to state court, where will this matter likely stand? It has been "sitting" back in state court for over a year now, with my lawyer saying he has "requested" a status conference with the judge but hasn't had a positive reply yet. Can discovery be reopened (this was filed in 1998, and three witnesses have died since then), and is hearsay allowed in the case of dead witnesses? Can the petition possibly still be amended to clarify any certain part(s) of it? The petition was never answered by this defendant, the defendant having filed Exceptions that were postponed indefinitely before it was moved to federal court. The lawyer I had at that time actually amended the original state petition as a way to cure the exceptions, but as far as I can see this is where I stand. So, is that likely where we will start back off at, addressing these exceptions? I am very curious about additional discovery, so any ideas about the chances of getting it opened again would be appreciated. The only discovery that was done was done in federal court. Thanks.
I initiated a suit in state court, it was removed to federal court, and then returned to state court after dismissal of federal claims against one of two defendants. This leaves the pending state claims against one defendant. My attorney says that we will move for a status conference to "see where we stand". Since this thing has been returned to state court, where will this matter likely stand? It has been "sitting" back in state court for over a year now, with my lawyer saying he has "requested" a status conference with the judge but hasn't had a positive reply yet. Can discovery be reopened (this was filed in 1998, and three witnesses have died since then), and is hearsay allowed in the case of dead witnesses? Can the petition possibly still be amended to clarify any certain part(s) of it? The petition was never answered by this defendant, the defendant having filed Exceptions that were postponed indefinitely before it was moved to federal court. The lawyer I had at that time actually amended the original state petition as a way to cure the exceptions, but as far as I can see this is where I stand. So, is that likely where we will start back off at, addressing these exceptions? I am very curious about additional discovery, so any ideas about the chances of getting it opened again would be appreciated. The only discovery that was done was done in federal court. Thanks.
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