Promptness in Motion to Dismiss

[defineIS]

All things being equal. How long can a party expect to have his law suit wait on a judge's determination to grant or deny a motion to dismiss?

Is there some kind of accepted understanding as to how long "promptly" is when it comes to a judge deciding on a motion to dismiss; 3, 6, 9 months?

Thanks

[AFFA]

Re: Promptness in Motion to Dismiss

I wish to inform you that Rules of Court or civil rules of your state may determine decision of a case. Generally a judge may take time as deemed necessary by him. In this time frame may not apply as decision of judge is not bound by fixed time. However generally there is a provision in which you can make an early or emergency motion for determination of matter.

AFF

[adjusterjack]

Re: Promptness in Motion to Dismiss

As long as the judge needs or wants it to take.

[Dannam]

Re: Promptness in Motion to Dismiss

Well...if it is more than a few months you could file a request for expedited order--or file a judicial complaint.

[defineIS]

Re: Promptness in Motion to Dismiss

Thank you one and all. This gives me options to consider.

[Wenton2]

Re: Promptness in Motion to Dismiss

You can always re-file and request some extra urgency here for whatever reason exists, and the judge may accept that. But if he does not then you have to wait for it to become so delayed that it's justified to either appeal of the issue or a complaint against the judge.

[defineIS]

Re: Promptness in Motion to Dismiss

At one time I thought that a mandamus was the proper thing to do. Will consider the "motion for determination of matter". If that will not gain an order then perhaps it will justify a judicial complaint.

[Lawyer]

Re: Promptness in Motion to Dismiss

It would depend upon if the evidence of witnesses have been complete. If the delay in completing of evidences is genuine than you may wait, but if seems the delay is arbitrary without any cause or reason you may move petition for hearing in the matter giving reasons for arbitrary delay in the matter causing you mental and physical harassment.

[defineIS]

Re: Promptness in Motion to Dismiss

I did the request for determination.

In the court's one plus page opinion I was informed that this was a complex case. The judge defends himself by saying there are several claims. However, there is only one claim that is before the court for dismissal. Here is the last paragraph:

"For the foregoing reasons, plaintiff's "Request for Determination" is GRANTED to the extent that orders will be issued on the pending motions to dismiss."

I could not help but laugh reading that line. Later I wondered if the judge (law clerks) laughed just as hard when writing it. :-)

OK humor aside. Can experienced experts shine some light on that one? Is this a non-answer answer? Am I being mocked, made fun of, harassed?

My inexperienced thoughts are that there is only one issue of law that the judge must determine before deciding whether to dismiss the case or to not dismiss the case.

I am considering: Doing a re-urge of the request for the 'part' not granted (nor mentioned) concerning WHEN that court will reach its decision on such a "complex" case. Re-urge with a time limit/request. Example re-urge for a determination by the third Sunday in may.

Judicial complaint: for denying me meaningful access to the court.

Criminal complaint; for denying me meaningful access to the court.

And yes this is mentally taxing at the least - a mental and financial strain equals physical stress.

[defineIS]

Re: Promptness in Motion to Dismiss

.. that bad hunh!

[Unregistered]

Re: Promptness in Motion to Dismiss

I would try to get legal counsel to review and assist at this point.

You made a good effort but now the experience is needed.

tj