After seeing a judge dismiss my case while totally ignoring material evidence, my attorney convinced me to file an appeal. For months and months my attorney went back and forth with the huge corporation we're suing, filing documents, as happens in lawsuits. Ultimately my attorney was given a deadline to file a brief. My attorney met that deadline. Then, the defendant was given a deadline to respond to my attorney's brief. The defendant requested an extension of time and was granted that extension. The defendant met that deadline. I thought at that point we'd be going to oral arguments, but no!! Instead my attorney was given a deadline to respond to the defendant's brief. It was at this time that my attorney requested an 'enlargement of time', which was granted by the courts. My question now is: If my attorney doesn't respond at all to this brief will the appellate judges deprive us of oral arguments and a trial by jury SOLELY because we did not meet the deadline 2 reply 2 their brief?
2007-01-06 08:13:07 · 7 answers · asked by charles f 1 in Politics & Government ➔ Law & Ethics
For your question, it sounds like you are on the appellate level. The Opening brief has been filed, as has the Response Brief. Now your attorney has the opportunity to file a Reply brief and it should not affect your case one way or the other if he does not do that.
The reason for a reply brief is to give you the opportunity to respond to any new issues that may have been raised by the opposing party (even though they aren't supposed to address issues you did not raise, but it ceratinly happens) For example, your attorney says, "The trial court erred because of A, B and C" The Opposing Party says, "The trial court was correct because of A, B, C and D." Your attorney can now address issue D if he thinks necessary. Issue D could be so lame or irrelevant that no reply is needed.
Either way, I don't know if Oral Argument is mandatory in your jurisdiction--here it's not--it's rare that our requests for OA get granted, but the filing of this brief has nothing to do with whether or not you get OA and you won't automatically lose by not filing a reply brief---unless the winning issue is D, and a repsponse would have set things in your favor.
In any event--your attorney has done this before so follow his advice as to whether or not to file the Reply brief--that's what you pay him for.
I do criminal defense work and it's RARE that file a Reply brief--I make all of my arguments in the opening brief and only file a reply to correct mis-statements found in the Response Brief if necessary.
2007-01-06 08:55:45 · answer #1 · answered by kathylouisehall 4 · 0⤊ 0⤋
The Plaintiff's Bar might want to foyer hostile to it on the concept doing what you recommend might want to intimidate those who might want to should get better. the real reason is that if a legal professional instructed you that you had a strong case once you probably did not, you filed in structure, you lost and then had to pay the defendants expenses, you may want to sue the legal professional for imparting you with undesirable suggestion and that could want to fee the legal professional money. yet another device might want to be found in Canada the position the plaintiff will pay his legal professional an hourly cost, win or lose, quite than 30% plus prices as is the case contained in the U. S.. That makes human beings imagine two times earlier they document in structure.
2016-12-01 22:25:15 · answer #2 · answered by cottom 4 · 0⤊ 0⤋
You bet. If you are suing a large corporation as you say, I can guarantee it.
There will be other delaying tactics as well. Both the Federal Government and large corporations will brag that in court they do not need to prove their case, having lawyers on salary all they need to do is keep you dragging in court until you run out of money. Most judges are quite happy to go along with that. Those that are not tend to be replaced.
2007-01-06 08:33:43 · answer #3 · answered by Gaspode 7 · 1⤊ 1⤋
Yes. This usually happens when the Defendants raise an issue in their answer to your pleading that requires a response.
If your attorney fails to do so, you can probably sue for malpractice.
2007-01-06 08:32:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
More than likely yes, court is a big chess game. If one side files the other has to respond. If I were in your position I would make sure my lawyer filed in time. Hope this helps.
2007-01-06 08:31:58 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Kathy Louise's answer is correct.
2007-01-06 11:07:07 · answer #6 · answered by Andy 2 · 0⤊ 0⤋
It could happen. Don't take a chance.
2007-01-06 08:29:09 · answer #7 · answered by Anonymous · 0⤊ 0⤋