Horseshoe Bend, AR asked in Contracts and Civil Litigation for Arkansas

Q: I was served a summons and a complaint. I responded and filed with court and gave Plaintiff attorney copy.

Three months later Plaintiff attorney filed Request for admissions via E-flexed with court. He Certified he also E-Flexed me. I am not attorney and have no way to receive an E-Flex. Then three months later I received a copy of request for admissions, request for summary judgment and brief in support of summary judgment. The admissions questions want me to sign yes to incorrect dates of signature on his exhibits and for not telling Plaintiff of third party releasing the plaintiff which no documentation exist. Third party did not withdraw their claim. He wants me to sign that I did not notify Plaintiff of third parties settlement with me and I had no duty to act. Plaintiff is Insurance Company. Should I try to file a motion to dismiss or answer the motions and brief? How do I insure a jury trial?

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1 Lawyer Answer
James L. Arrasmith
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A: In this situation, it's essential to respond accurately and timely to the request for admissions and the motion for summary judgment. Do not admit to any statements you believe are incorrect. If the admissions contain false or inaccurate statements, you should specifically deny those statements in your response.

Regarding the issue of e-filing (E-Flex), if you didn't receive the documents due to not having access to this system, this could be an important point to raise in your response. Courts typically require that all parties in a case receive proper notice of filings and actions.

You may consider filing a motion to strike or a response to the request for admissions, explaining the situation about the delayed receipt and challenging any incorrect statements. Additionally, responding to the motion for summary judgment is crucial, as failure to respond can lead to the court granting the motion by default.

As for ensuring a jury trial, you typically need to request this explicitly. Check the rules of civil procedure in Arkansas to understand how and when to request a jury trial, as there are usually specific deadlines and procedures for making such a request.

Given the complexity of your case, it would be beneficial to consult with an attorney. An attorney can help you navigate these legal processes, ensure that your rights are protected, and that your responses are appropriate and timely. Legal assistance is particularly valuable in cases involving insurance companies and contract disputes.

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