Santions
Despite trying repeatedly to work it out, the plaintiff's attorney refused to change my deposition date telling me that as a self representing person, I need to follow her directions.
I filed a motion asking the court for continuance and the case will be heard soon. The attorney has now asked the court to sanction me.
1) Will the judge sanction me?
2) Can I ask the judge to sanction the attorney for being mean and putting me down, not changing the deposition date although the trail is one year ahead, and the cost of the motion and my time?
Appreciate your response.
Re: Santions
To attempt to answer your questions in the order asked:
1. Whether the judge will sanction you or not depends upon whether your handling of the deposition scheduling appears to have been reasonable from the standpoint of what the court and the opposing attorney should expect from another attorney. It would take a lot of facts to give you a probably yes or probably no answer, as well as knowing that judge's temperament and patience. Some judges hold self-represented parties to the same standards as attorneys, but many will cut you some slack if you seem to be trying to cooperate.
2) Probably not.
One thing that might happen is the judge will tell both of you that you have the next fifteen seconds to agree on a deposition date or (s)he will sanction both of you! So take your appointment calndar with you and be prepared to pick a date.
Re: Santions
To attempt to answer your questions in the order asked:
1. Whether the judge will sanction you or not depends upon whether your handling of the deposition scheduling appears to have been reasonable from the standpoint of what the court and the opposing attorney should expect from another attorney. It would take a lot of facts to give you a probably yes or probably no answer, as well as knowing that judge's temperament and patience. Some judges hold self-represented parties to the same standards as attorneys, but many will cut you some slack if you seem to be trying to cooperate.
2) Probably not.
One thing that might happen is the judge will tell both of you that you have the next fifteen seconds to agree on a deposition date or (s)he will sanction both of you! So take your appointment calndar with you and be prepared to pick a date.
Re: Santions
To attempt to answer your questions in the order asked:
1. Whether the judge will sanction you or not depends upon whether your handling of the deposition scheduling appears to have been reasonable from the standpoint of what the court and the opposing attorney should expect from another attorney. It would take a lot of facts to give you a probably yes or probably no answer, as well as knowing that judge's temperament and patience. Some judges hold self-represented parties to the same standards as attorneys, but many will cut you some slack if you seem to be trying to cooperate.
2) Probably not.
One thing that might happen is the judge will tell both of you that you have the next fifteen seconds to agree on a deposition date or (s)he will sanction both of you! So take your appointment calndar with you and be prepared to pick a date.
