Legal Question in Business Law in New York

I filed a Notice of Motion with the court and indicated a hearing date on it. The opposing party did not file answering papers at least 7 days before the hearing date. The hearing date is in about 4 days.

Will the court notify all parties that the hearings date is still on schedule or do I need to contact the court to verify if the court is scheduled for the hearing date that I requested in the Notice of Motion?

If the court changed the date will the opposing party have a new set of 7 days to submit their opposing papers?


Asked on 7/27/16, 1:37 pm

1 Answer from Attorneys

Marshall Isaacs Marshall R. Isaacs, Attorney At Law

I don't think you are going to like my answer but I'm going to be brutally honest. What you need is a lawyer.

The issues you've raised are very minor technical issues. If these are tripping you are up, I can't see how you're going to get far without making a critical mistake. I have practiced litigation going on 25 years and I still make occasional errors. The rules of evidence, alone, are a nightmare--and the rules of evidence are only one, small section of the Civil Practice Law and Rules.

You wouldn't perform open heart surgery on yourself; what makes you think you should try to be your own trial attorney? The only difference between the two is that you can't physically perform heart surgery on yourself. In fact, litigation is probably more difficult than surgery because a surgeon doesn't have another surgeon sitting across the table trying to undo the sutures he or she just put in.

Also, you don't get special treatment because you are a Pro Se. The law requires judges to treat a Pro Se litigant as if he or she is a represented party.

Lastly, if you can't find a lawyer to handle your case (and there are a zillion starving lawyers out there, many of whom are willing to work almost for free), it's very likely that you don't even have a case.

I mean all of this with the greatest sincerity. I hate to see well-meaning people like you put so much energy into a lawsuit only to come up empty. And I see it all the time.

Best of luck.

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Answered on 7/27/16, 4:12 pm


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