when a defense attorney is silent and taking a long time to answer judgr

How long does it take to get a response from an attorney?

At his trial, Griffen remained silent and did not provide testimony, which the Prosecution attempted to use against him. During the time California’s State Constitution allowed for a Prosecutor to tell a Jury that silence by a Defendant in a trial could infer guilt. As a result, Griffen was convicted of murder and was sentenced to death.

How long does it take a judge to answer a motion?

Jan 11, 2013 · Reveal number. tel: (503) 626-1808. Private message. Call. Message. Posted on Jan 14, 2013. Selected as best answer. Unless there are extenuating circumstances such as your attorney being in trial or be out of town on an emergency, eight days is, in my opinion, too long to wait for an answer. I would, however, follow up with your attorney to ...

What happens when a lawyer gives a case to a judge?

Oct 02, 2019 · As lawyers there is a time to keep silent . . . Case 1: ... the judge asks the defendant’s lawyer whether his client has a criminal record; and 3) the judge is told in court by the custodian of criminal records that the defendant has no criminal record and the lawyer knows this information is incorrect based upon his own investigation or upon ...

What happens if a judge takes too long to decide?

Answer (1 of 8): There’s no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court’s docket.

What is a reasonable time for a lawyer to respond?

Is it normal for lawyers not to respond?

Is silence admissible evidence?

Why do lawyers ignore you?

Why do attorneys take so long to respond?

Why is my lawyer not communicating with me?

Can my silence be used against me in court?

How long can you remain silent?

Can accused remain silent in court?

How often should I hear from my attorney?

What is the most common complaint against lawyers?

What should you not say to a lawyer?

How long is the response time for a court case?

Usually the lower end of the response time is 7-days, and the upper end of the response time is 30-days. The other side can also request an extension of time, pushing the response date out even further. Until the response time has run, the judge shouldn’t make a ruling.

How long does it take for the other side to respond to a motion?

Usually the lower end of the response time is 7-days, and the upper end of the response time is 30-days.

How long does it take for a judge to rule?

There’s no exact time limit on how fast a judge must do his work. In the states and federal courts I am familiar with, the lawyer files a motion and sets it for hearing about six weeks later, more or less, depending on the court’s docket. At the hearing, the judge may rule immediately or he may take the case under advisement. Most cases under advisement are decided within weeks but some can take months. There is little that can be done about a judge taking a long time to rule. In Louisiana for instance, the judge is supposed to file a monthly report listing the cases under advisement. Also, if

What to do if a judge is sitting on a motion?

There is little your attorney can do if the judge is sitting on a motion. If it’s a simple time sensitive motion, i.e. for an extension of time, we’ve called the judge’s chambers to ask the judge’s staff attorney or bailiff if a ruling is forthcoming (sometimes there’s a lag between things being posted to the docket and the judge ruling) so we can plan accordingly and/or to make sure the court knows a time sensitive motion is pending. In the case of motions like summary judgment, motions to dismiss, etc., when the judge has sat on it for a long time, we’ve asked for a status conference (kind of a gentle nudge to say, look, your honor, we’re all waiting on you here…). But otherwise, being honest, as an attorney, you don’t want to be seen as badgering the judge, so as frustrating as it is for us to wait, we wait.

How does a clerk for a state court judge work?

So here is how it works from the perspective of a clerk for a state court judge (or in my case D.C.). All parties file their papers with the court and then the judge's clerk will review the paperwork and write a memorandum to the judge explaining what the case is about, the issues the judge needs to decide, what the law is with regard to the issues, and then will make a recommendation to the judge as to what the clerk thinks is the right course of action.

How to file a motion in court?

You file your motion with the court clerk then you take a copy to the judge’s secretary and get the matter put on the next available motion docket. Share all the info with opposing counsel then go argue the motion. There is a motion docket every week, generally.

What is a memo in a court case?

This memo, as well as the underlying paperwork and law, are usually (but not always) reviewed by the judge prior to an oral hearing on the motion so that the judge knows what is going on . Some judges read all the materials closely and come up with questions they would like to ask the parties, some may read just the memos and allow the parties to develop their own arguments at the hearing with the judge asking questions as the argument is developed. After the hearing, the judge may make a decision without reviewing the documents further, or may take some time to re-read the materials and see what he thinks the best outcome will be. Then the judge usually assigns the clerk that wrote the memo the task of drafting a decision or order that implements his decision. Then there is a back and forth between the judge and clerk until the decision is ready for signing. All of these activities vary from judge to judge; some are more hands on and write decisions themselves, some delegate quite a bit, but all of them in the end take responsibility for what goes "out the doors" of their particular chambers.

Why does a court case take so long?

Common reasons why a case will take longer than one would hope can include: Trouble getting the defendant or respondent served. The case cannot proceed until the defendant on the case has been formally served with the court papers.

Why do you need to know the full extent of your damages?

This is because you and your attorney need to know the full extent of the damages on your claim. Ascertaining all of the damages on a case means your lawyer needs to know the full extent of: Your medical bills. Your lost wages. Any permanent damage you may have suffered as a result of the injury.

How long does it take to get a discovery?

If the defendant is not at home or work (or is just very adept at ducking service) this can take a few months. Discovery takes time. Discovery is the process where each side obtains evidence from the opposing party.

What does it mean when a court docket is crowded?

That takes time. Court dockets are crowded. A crowded docket means hearings before the court can take a long time to schedule. Continuances are common. Finally, if you ever want to know what is going on with your case, do not ever feel shy about calling or emailing your lawyer or your paralegal. Back to blog.

What is a deposition in court?

Depositions. This is the taking of a recorded, oral statement of a witness who is under oath. A court reporter may be there to transcribe the proceeding, or it may be on video, or both. The witness being deposed might be a party to the case (a plaintiff or defendant) or they may be a fact or expert witness.

Does your lawyer respond to you in a timely fashion?

Just because your lawyer is responding to you in a timely fashion doesn’t mean the other side is. Sometimes, the other side ducks calls and ignores letters. Your lawyer will certainly do everything possible to move the case forward but they cannot control what the other side is doing. Your case is in court.

Why does my lawyer take so long to settle my case?

First, the insurance company might be dragging out your case and delaying the case. Second, your lawyer might not be making your case a top priority. Third, medical bills, police reports, autopsy reports, or other documents might not be available yet.

Why is my legal case taking so long to settle?

It can be frustrating when your legal case is taking a long time to settle. It may be caused by your lawyer not taking the proper steps quickly enough, but many times it also has to do with outside forces or the defense. However, you also always have the legal option of getting a free second opinion with our law firm.

Why is my case taking so long?

Stage Of Your Case. Many times the reason why your case might be taking so long, might relate to the stage your case is in. For example, if you are still seeking medical treatment, it may sometimes be difficult for your attorney to settle your case without knowing how much the exact medical bills cost or what the total of your medical liens total ...

How long does it take to get a copy of a case file?

If a client is switching to our law firm, we can typically request their entire case file from their previous lawyer quickly and get a copy of their file sent to us within just a few hours or a couple of days without you even needing to contact that lawyer ever again.

Can you get a lien on a cash advance?

Sometimes cases take a long time, but in many instances there can be ways to speed up the process. In addition, many times it may be possible to get a cash advance lien beforehand while you are waiting for your case to settle. This may be able to put some money in your pocket while you let the attorneys do continue working on your case.

Stanley David Schnaare

Go meet with him and get his explanation, which may actually be logical considering the timing of estates. Remember any new attorney will have to spend time getting "up to speed" on the case. If things don't work out you always can get a new attorney to finish matters.

Leonard Komen

I don't know you your attorney is so this is not presented in his defense, but as an explanation of the probate system. Your probate case is moving as quickly as possible under the law and he is not delaying it. First, the date your mother died is not relevant as to the time frame. The key is the date you were appointed.

How long can a judge rule on a motion for summary judgment?

I assume that the Motion you speak of is a motion for summary judgment in an Adversary Proceeding. Anything more than ninety days after the last brief is in, or after oral argument if any is generally plenty of time. Why not ask your lawyer to send the judge a letter (w/copy to opposing counsel, of course), asking politely if he needs any further briefing or additional argument in order to be able to rule. Judges I know regard this as a polite way of saying 'hurry up.' Good Luck.

How long does it take for a bankruptcy judge to decide a case?

But as a general rule, you can expect a decision in this type of matter in anywhere from 2 weeks to 3 months. When I say "this type of matter", I mean a question that is often before bankruptcy judges and is, therefore, likely to have solid authority in his circuit. Challenges to divorce payments being dischargeable property settlements or undischargeable domestic support obligations are common and it's usually a matter of applying fairly clear law to the facts as presented to the court. In cases where the question is unique and the judge has to decide what the law is and then decide how the law applies to the facts, it could take significantly longer.

Is a support judgment enforceable?

As you already undoubtedly know, support obligations such as you describe, are generally non-dischargeable an thus your judgment should remain enforceable post-discharge. I presume you have filed a claim in your father's bankruptcy case explaining the basis of the judgment and its non-dischargeability.

Can you dismiss your father's case?

Given the non-dischargeability of your mother's judgment , there really is no need to dismiss your father's case. In fact, by allowing him to discharge his other debts, it improves your mother's chances of actually seeing a recovery. Again, always work with a competent bankruptcy lawyer. Good luck. Report Abuse.