attorney cant file motion where there is no legal basis

Is it true that only the defendant can file a motion?

Sep 07, 2014 · You should address this issue with your attorney first. Often times clients feel that their rights were violated, but upon closer analysis of the facts with the current state of search and seizure law, there really is not a valid motion to be filed. Attorneys should be filing frivolous motions just to placate their clients.

How do I choose a lawyer for a non-dispositive motion?

Apr 12, 2012 ·

Can a lawyer file a meritless motion?

What happens when a motion is denied by a lawyer?

Apr 11, 2012 ·

What is lack of personal jurisdiction?

Basically, it means that the court will be unable to control any of the proposed defendants that you are trying to bring into your lawsuit. That is why most lawyers rely on someone known as a “process server” in order to deliver the lawsuit papers.

Which type of motion is used when the complaint fails to state a cause of action?

The failure to state a cause of action pertains to pretrial motions. It specifically deals with motions to dismiss for failure to state a claim upon which relief can be granted. A motion to dismiss is a pretrial motion that can be filed in some cases.Mar 5, 2021

What is a JMOL motion?

A motion for judgment as a matter of law (JMOL) is a motion made by a party, during trial, claiming the opposing party has insufficient evidence to reasonably support its case. JMOL is also known as a directed verdict, which it has replaced in American federal courts.

What kind of motion could a party make after the evidence has been presented but before the jury renders its verdict?

A motion for judgment notwithstanding the verdict is the equivalent in civil cases to the motion in arrest of judgment. It may be made after the jury's decision is announced but before a judgment is entered. This motion asks the judge to enter a judgment for the losing party despite the decision of the jury.Sep 9, 2019

Can a defendant file a motion to dismiss?

The present rules allow the filing of a Motion to Dismiss on the basis of (a) lack of jurisdiction over the person of the defendant; (b) lack of jurisdiction over the subject matter; (c) improper venue; (d) lack of capacity to sue; (e) pendency of action between the same parties for the same cause; (f) cause of action ...Mar 6, 2020

What is a valid cause of action?

A cause of action or right of action, in law, is a set of facts sufficient to justify suing to obtain money, property, or the enforcement of a legal right against another party.

Which type of motion is granted when the judge decides that reasonable persons would not have rendered the verdict the jury reached?

Judgment notwithstanding the verdict, also called judgment non obstante veredicto, or JNOV, is a type of judgment as a matter of law that is sometimes rendered at the conclusion of a jury trial.

What is the difference between JMOL and JNOV?

A judge's decision to grant or deny a motion for JNOV is often reviewable on appeal. The Federal Rules of Civil Procedure have replaced JNOV with Judgement as a Matter of Law (JMOL).

Which of the following Cannot be obtained during discovery in a case?

E-mail cannot be obtained during discovery. A deposition can be used at trial. A summons is served on a defendant and a subpoena is served on a witness.

What is motion for reconsideration?

A motion for reconsideration shall point out specifically the findings or conclusions of the judgment or final order which are not supported by the evidence or which are contrary to law, making express reference to the testimonial or documentary evidence or to provisions of law alleged to be contrary to such findings ...

What is limine motion?

In the United States, a motion in limine is Latin for a “motion at the start.” Essentially, this is a request that is sent to a judge and can be used in either civil or criminal proceedings. Motion in limines are used on both the state and federal levels in all types of cases.

What is a renewed motion for summary judgment?

In the United States courts, renewed judgment as a matter of law is a party's second chance at a judgment as a matter of law (JMOL) motion. Renewed JMOL is decided after a jury has returned its verdict, and is a motion to have that verdict altered.

When Can A Motion to Dismiss Be filed?

A motion to dismiss is usually filed at the very begin of the legal process, right after the plaintiff has filed a complaint. Instead of filing an...

What Are Some Reasons Why A Motion to Dismiss Can Be filed?

There may be various reasons why a motion to dismissed might be filed. A motion to dismiss is often filed for procedural reasons, such as: 1. One p...

Do I Need A Lawyer For Help With Pretrial Motions?

When dealing with a personal injury case, it is often necessary for the parties to deal with pretrial motions such as a motion to dismiss. These ca...

What to do if you are dissatisfied with your attorney?

If you are dissatisfied with your attorney and you hired him/her, get another one, though it will almost certainly cost you some more money. If your attorney is appointed, you can either retain another attorney of your own choosing, or tell the judge about your grievance against your attorney, and if the judge believes the attorney is not representing you properly, another one will be appointed...

Do clients have instincts?

Many clients have very good instincts about their cases--after all, they went thru the painful and humiliating experience of arrest, booking and then having to go to court. #N#Sometimes a client will generate a lot of dislike for the officers and want very much to have their attorney make the officer squirm on the stand so that they can take a...

Andy Wayne Williamson

There is not a motion to dismiss an attorney. Normally the attorney will file a motion to withdraw as your attorney.#N#You should ask the attorney to file the motion. If he will it you could file a notice if discharge of you attorney and that you are proceeding pro se.#N#Good luck.

Fred T Isquith

You can dismiss your attorney at any time and substitute yourself in or some other lawyer

Natalie F Guerra-Valdes

There's no such thing as a motion to dismiss your attorney. Contact your attorney and tell him/her you no longer wish to be represented by him/her. The attorney will then have to file a motion to withdraw as your counsel. The court will have to enter an order allowing the attorney to withdraw from your case...

What happens if my bankruptcy attorney doesn't file a motion for discharge?

If your attorney fails to file the motion for discharge, then your case will be closed without a discharge. Which means that it's like the bankruptcy never happened, you'd still owe your creditors the full amount, etc. You can reopen the case (Fee $260 locally) and file the motion after the case is dismissed but that would be a waste of money and time. Call your attorney, if they don't return your call in two days: call the US Trustees office in your district and tell them your problem with your attorney. If you attorney does return your call, give them a week to file and if they haven't then call the US Trustees office.

What happens if you don't follow proper procedure?

See your attorney, anticipate having to pay or hire a new attorney. You are too far invested to risk losing your investment in the process.

How long does it take to get discharged from a debtor in California?

From the date when the last plan payment is made to the date when a case receives discharge and is officially closed can take about 3-4 months. In our jurisdiction, there are a few things that must happen before a discharge can be granted. The Trustee files an accounting report. After that is done, and not before, the debtor or debtor's attorney files a form called "Chapter 13 Individual Debtor's Certifications Regarding Domestic Support Obligations, Section 522 (q) & Eligibility for Discharge" the form can be obtained on the court's website (this is for southern district if you're in a different court - check their website). http://www.casb.uscourts.gov/html/individual_forms.htm it is form CSD 2120. By the way, the fees you paid to your attorney included compensation for taking care of this for you. This form must be filed ONLY AFTER the Trustee files their official accounting report with the court. It's not the notice/letter you receive, it's an actual form filed by the Trustee with the court. If you don't know if this was done yet, you can do a case lookup on www.pacer.gov and check the docket to see what has been filed and when. Also, importantly, you must file, if you haven't already your Certificate of Completing the Financial Management Course AND a signed B23 form. I have my clients actually take care of this at the start of the case so that it is completed and one less thing to worry about and besides some people find the course useful for budgeting purposes while they are in the plan payments mode. If your attorney has abandoned you completely of course you can file a complaint with the state bar, you can file an attorney substitution form, you could mention what is happening to the Trustee's office and maybe you could take care of these two things yourself because they are not terribly complicated, the hard part is done. You can pull the forms down from the court's website and deliver them filled out and signed to the court's clerk. If however your attorney has not abandoned you, let him/her do the work. Some clients get very excited after the last payment and they want the discharge and case closed immediately so they are somewhat disappointed to learn that it takes a bit of time. I have to ask them to be patient and assure them that I haven't forgotten about them. If this tasks are not completed, the case will close without discharge. Although all is not lost. You would incur some filing fee and stamp expenses in reopening the case so that you can take care of these items and get the discharge you deserve. Congratulations on completing the plan payments. I'm sure it's a big relief and hope better things are in store ahead. Take care.