Q: Schedule a Special Set Hearing
I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing party to agree to a date? Can I ask for documentation of their diagnosis?
A: These are very unusual times--and thus require using unusual means to get things done in the judicial system.
I suggest re-filing your motion as an "Unconsented Amended Motion to Dismiss" together with a SEPARATE motion requesting a hearing date be set. Explain at the very onset why you are filing an unconsented amended motion--because the other side is not cooperating on setting a hearing date. That should cause a response which will probably raise Covid as the excuse for dragging their feet; then you just let the Judge decide how to handle this snafu.
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