Legal Junkies Forums

#1 Community for Legal Questions and Answers

 
Go Back   Legal Junkies Forums > ATTORNEYS, COURTS, LITIGATION > Civil Litigation

Register FAQ Tags Members List Social Groups Search Today's Posts Mark Forums Read Layout

Notices


Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old 08-05-2017, 07:58 AM   #1
Tinsel BB
Junior Member
Country:  
Tinsel BB's Flag is: United States
 
Join Date: Aug 2017
Posts: 1
Default How to get the case thrown out

I have a court case and I am the defendant. The case has been delayed more than five times.
Can I somehow get this case thrown out. I think it is a bs case.
And the plaintiff just wants to harass me.
Tinsel BB is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 08-05-2017, 09:11 AM   #2
adjusterjack
Top Level Member
 
Join Date: May 2016
Posts: 1,263
Default Re: How to get the case thrown out

Don't you think it would help to know where you are, what the case is about, and why it's been delayed 5 times.
adjusterjack is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 08-06-2017, 03:09 AM   #3
Disagreeable
Top Level Member
Country:  
Disagreeable's Flag is: United States
 
Join Date: Oct 2012
Posts: 15,477
Default Re: How to get the case thrown out

Until you file a motion regarding excessive continuances, the court can continue to grant them. For example a private citizen should only be granted one or two max. A lawyer, if in a firm, should only be granted one or two, because they can have another lawyer in the firm appear. I filed such a motion, after the lawyer of someone I was suing kept requesting continuances.
__________________
Due to a recent promotion, I should now be referred to as Major Obvious.

I would not be trying to provide information and knowledge if I did not sympathize.

Some days it is just not worth chewing through the restraints to face life.
Disagreeable is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 08-06-2017, 05:06 AM   #4
Unregistered
Guest
 
Posts: n/a
Default Re: How to get the case thrown out

It would be interesting to know what the five continuances were for?
That does seem excessive as noted in the above post as well.
  Reply With Quote


Did you find this post helpful? Yes | No
Old 08-06-2017, 10:48 AM   #5
Highwayman
Top Level Member
 
Highwayman's Avatar
 
Join Date: Sep 2014
Location: New York City metro area
Posts: 1,163
Default Re: How to get the case thrown out

Quote:
Originally Posted by Tinsel BB View Post
I think it is a bs case.
It doesn't matter what YOU think, only what the judge thinks.

Provide a legitimate legal reason for the dismissal - that should work.

What does your attorney have to say about it?
Highwayman is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 08-09-2017, 05:16 AM   #6
Wenton2
Top Level Member
Country:  
Wenton2's Flag is: United States
 
Wenton2's Avatar
 
Join Date: Sep 2016
Posts: 737
Default Re: How to get the case thrown out

You do need to alert the judge that you oppose these extensions/delays/continuances.
After one or two, most judges will be very cautious about allowing further extensions unless the parties BOTH agree (and even then some judges will want the case to resolve or be dismissed).
Wenton2 is offline   Reply With Quote


Did you find this post helpful? Yes | No
Old 08-10-2017, 05:23 AM   #7
Lexus
Top Level Member
 
Lexus's Avatar
 
Join Date: Sep 2010
Posts: 8,396
Default Re: How to get the case thrown out

If the plaintiff is actively participating in the litigation as part of delaying the case you can pray the court to dismiss the case for the intentional delay tactics by Plaintiff. You can also seek damages from Plaintiff.
Lexus is offline   Reply With Quote


Did you find this post helpful? Yes | No
Reply

Bookmarks

This thread has 6 replies and has been viewed 477 times


Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:


Posting Rules
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Dolce and Gabbana tax fraud case thrown out (AFP) Yahoo! News International Law News 0 04-01-2011 11:30 AM
Mark Cuban insider trading case thrown out (Reuters) Yahoo! News Crimes and Trials News 0 07-17-2009 02:40 PM
I was doing 70 in a 65: What are my chances of having this thrown out? Unregistered Traffic and Speeding Tickets 2 07-16-2009 03:48 PM
I am being thrown out of my business so that they can continue with it therese Business Contracts and Partnerships 1 02-23-2008 11:06 AM
DNA evidence that should have been thrown out Samantha_Ann Trials and Sentencing 4 04-13-2007 06:46 PM




All times are GMT -4. The time now is 10:00 PM.


Use of the Forums is subject to our Disclaimer. Copyright 2009-2018 by LegalJunkies.com