Week 3 Flashcards
A general rule regarding deadlines may start with…
“Unless otherwise provided for…”
The Rules of Civil Procedure provide an…
understanding of what is expected from both sides.
Most of the deadlines to respond to various events are found where?
Rules of Civil Procedure
Deadline to respond to a lawsuit is different for what?
State Court v. Federal Court
Deadline to respond to discovery is typically how many days?
30
The attorney is charge does what?
Signs their name first to a pleading (Petition or Answer)
All notices from the court should be directed to who?
The attorney in charge
True or False - A corporation MUST be represented by an attorney.
True. The reasoning is that a corporation is not a person, it is a legal entity.
Can the attorney representing the corporation work for the corporation?
Yes.
Can an attorney in charge be changed/amended later?
Yes.
What must be done when designating an attorney?
Designation must be filed with the Court and sent to all counsel of record.
Once an attorney has entered an appearance in a case, who must communication be sent to?
It must be sent to that attorney. Notice to an attorney is notice to a party.
When an attorney signs a pleading he is attesting to what? Rule 13 TRCP
That he has read it. He is also stating that the information contained the the pleading/motion/response is true and correct based upon reasonable inquire. The attorney is also certifying that the pleading is not groundless, brought in bad faith, or for the purpose of harassment.
Who may sanction a party for filing a frivolous pleading?
Either party or the Court.
Who can be sanctioned?
The person who signed the pleading, a represented party, or both.
TRCP 13 prescribes that courts presume that papers are filed in what?
Good faith. The burden for sanctions is on the moving party to overcome this presumption.
What are the two main reasons attorneys file a Motion to Withdrawl?
Not getting paid and/or a client has disappeared.
In regard to a Motion to Withdrawl, if another attorney is substituted in then what needs to happen in the Motion?
The Motion should include the new attorney’s name, address, phone, fax, and bar number.
In regard to a Motion, if another attorney is not substituted what must happen in the Motion?
A statement must be in the motion that the client has been delivered a copy of the motion and has been made of his right to object to the motion. A statement must be made whether or not the client is opposed to the withdrawal.
A Motion to Withdrawal must include…
A list of all pending deadlines and settings must be included in the motion. The last know address and phone number for the client.
If the Motion of Withdrawal is granted, the attorney shall do what for the client?
Notify the client of any additional settings or deadlines.
When can a client discharge their attorney?
At any time. An attorney must comply with TRCP 10.
What hails a defendant into court and requires them to answer?
A citation
Counter Plaintiff
A defendant who has filed a counter claim again the plaintiff.
