Q: Motion to dismiss hearing?
Motion to Dismiss?
I scheduled a motion to dismiss the meeting for 30minutes and Plaintiff agreed to the meeting date, but not 30 minutes. In the agreed-upon date and time, the Plaintiff stated and agreed to meet for 15 minutes and not 30 minutes. Can the meeting be canceled on the grounds that Plaintiff did not agree for 30 minutes under the Civil Rules of Procedure? If so, can someone point me to the rule where both parties must agree with the date and time?
A:
There is no rule that says the parties have to agree on anything--much less the time allotted for a motion hearing.
If you are trying to defend yourself against a plaintiff who apparently thinks more about the chances of winning than you, do I advise you to stop right now and search for a lawyer to advise you before the hearing is held.
FYI: In 99% of cases at this stage of the litigation the judge can resolve the motion to dismiss in a 15 minute hearing--or even less. In fact I would be surprised in the Judge's JA gives you more than 15 minutes for the hearing anyway.
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