Tuesday, January 27, 2015

I am a defendant in a lawsuit, set for hearing in a week. The plaintiff's attorney filed a conflict letter 2 weeks before the hearing. Will ...

Question

I am a defendant in a lawsuit, set for hearing in a week. The plaintiff's attorney filed a conflict letter 2 weeks before the hearing. Will there be a trial? As a defendant, how can I protect my rights? Can I object to this conflict letter?



Answer

If it is a legitimate conflict, Judges will normally grant a continuance. You can object if you want. How you protect yourself? Get your own lawyer and not get overmatched with a party who has a lawyer.



Answer

Conflict of what kind? A conflict in the trial date? Or a conflict of interest?

If there is a conflict of dates, it depends on what the conflict is. If there is a motion to continue, its up to the trial court to grant or not. If granted, then the trial will be re-scheduled. you can object to any postponement but the court will make the final call. You better have good reasons for objecting as well. If you just object because you planned for the hearing this is not going to be grounds for denial if a bona fide reason to delay exists.

I agree with Attorney Riddle. If the other side has a lawyer then to protect your rights (although what you are protecting them from is not clear because there is no indication of how your rights are being impeded here) then you need to hire your own lawyer which you should have done a long time ago.



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