What next?

[NeilTheCop]

What is the name of your state (only U.S. law)? New Mexico

So I filed in District Court pro se and have just received an answer to my complaint from the defendants attorney.
He said in the answer that he intends to file to dismiss with prejudice, which I guess is a standard response.
Do I need to do anything other than wait, or do I need to file a rebuttal? The attorney also hasn't asked for any discovery, so do I have to just send it to him?

 

[cbg]

I'll make it easier for anyone who might want to respond:

https://forum.freeadvice.com/civil-litigation-46/talking-press-618706.html

 

[justalayman]

Neilthecop,

You are really missing what you have been told. It is obvious you should not be pursuing this pro se. The fact you are asking what you just asked shows you have no clue as to what the rules of procedure require of you. Have you even read your courts ruled of procedure? If not, you really need to.


Unless you simply enjoy doing this regardless of the outcome I suggest you either continue your search for an attorney to represent you or just drop the suit. You are simply not prepared to take this on on your own.

A question though; have you asked attorneys to take this on a contingency basis or an hourly basis?

 

[NeilTheCop]

Neilthecop,

You are really missing what you have been told. It is obvious you should not be pursuing this pro se. The fact you are asking what you just asked shows you have no clue as to what the rules of procedure require of you. Have you even read your courts ruled of procedure? If not, you really need to.


Unless you simply enjoy doing this regardless of the outcome I suggest you either continue your search for an attorney to represent you or just drop the suit. You are simply not prepared to take this on on your own.

A question though; have you asked attorneys to take this on a contingency basis or an hourly basis?

Unfortunately I have still been unable to find an attorney, no matter the payment method, that will take my case, in fact very few even return calls or e-mails, and the moment I tell them I have an issue with a police department they don't want anything to do with my case. This will possibly explain why I am reduced to asking such questions on a forum, even one who's only response seems to be "Find an attorney".
As a former auto technician I try and help out on an automotive forum when I can, yet at no time have I ever responded to a question by saying "Take it to a garage", so perhaps this sort of response is unique to the legal profession.
I have the New Mexico civil rules of procedure and have put in the obvious search criteria of a time limit, that it you have a finite time to file and or respond to something. I did find that the defendants have to request discovery, I don't have to offer it
Rule 1-026 A. Discovery methods. Parties may obtain discovery by any of the following methods: depositions; interrogatories; requests for production or to enter land; physical and mental examinations and requests for admission.

But nothing on any requirement to file a rebuttal to the answer to my complaint.

I'm aware that you think I'm a sort of Don Quixote and all my efforts will come to nothing, but as Tom Petty wrote, "You can stand me up at the gates of hell, but I won't back down"
I intend to take this case to the bitter end as I still believe I have been wronged, and justice is supposed to be on my side. Yes, even at my great age I still cling to that belief.

 

[justalayman]

Unfortunately I have still been unable to find an attorney, no matter the payment method, that will take my case, in fact very few even return calls or e-mails, and the moment I tell them I have an issue with a police department they don't want anything to do with my case. This will possibly explain why I am reduced to asking such questions on a forum, even one who's only response seems to be "Find an attorney".
As a former auto technician I try and help out on an automotive forum when I can, yet at no time have I ever responded to a question by saying "Take it to a garage", so perhaps this sort of response is unique to the legal profession.
I have the New Mexico civil rules of procedure and have put in the obvious search criteria of a time limit, that it you have a finite time to file and or respond to something. I did find that the defendants have to request discovery, I don't have to offer it
Rule 1-026 A. Discovery methods. Parties may obtain discovery by any of the following methods: depositions; interrogatories; requests for production or to enter land; physical and mental examinations and requests for admission.

But nothing on any requirement to file a rebuttal to the answer to my complaint.

I'm aware that you think I'm a sort of Don Quixote and all my efforts will come to nothing, but as Tom Petty wrote, "You can stand me up at the gates of hell, but I won't back down"
I intend to take this case to the bitter end as I still believe I have been wronged, and justice is supposed to be on my side. Yes, even at my great age I still cling to that belief.

Neil, I used to me a pro auto mechanic. I have moved on to other circles but I'm still quite knowledgable regarding cars. There are still times I tell people to take it to a garage. It's not very often but yes, there are times the people with the training and equipment at a dealership are the only place they will get their car fixed.

While many people can offer you a lot of suggestions and direction, there are times a hands on attorney is the only way you might prevail in a suit.


As to standing at the gates of Hell and not backing down;
That is not what a wise person will say or do. I have been faced with a formidable wall in front of me from time to time. I'm getting old so climbing is out of the question so I have a couple options. I can stand there, not giving up but surely not moving forward. I can turn around and walk away but obviously I won't get to where I wanted to go doing that. I've learned that all walls have an end, even the Great Wall of China so, rather than being stubborn and standing there never moving forward; rather than turning around essentially giving up, I look for the end of the wall. I know I will find and end to the wall and when I find that end, I have found a way around the wall. The only issue I have when using this method is I want to go the direction that leads to the shortest trip around the wall.

So, while you stand there at the gates of Hell, not backing down but not moving forward, I'm going to slip around the side and move beyond the wall and reach my destination.


What you are faced with has nothing to do with discovery.