Legal Question in Civil Litigation in Colorado
my husband filed a civil lawsuit for a money demand on a breach of contract. we recieved in the mail a counterclaim and a motion to add another plantif (me) because with the counterclaim they are saying i helped my husband breach the contract first. my question is if they submitted a motion to add me to the lawsuit do we respond to that or is it just something that is up to the judge?
1 Answer from Attorneys
You must respond to every motion. If you don't, the motion may be considered confessed and the opposing party will likely get what they request. Additionally, if they filed a counterclaim you must file your answers, affirmative defenses, cross-claims (if any), and counterclaims. A mistake in the answer stage is often very costly and unless you and your husband have considerable expertise in pleading strategy, you are strongly advised to speak with an attorney to at least advise you on possible strategies and the like.
If you cannot afford an attorney for a full representation you can often speak with an attorney for a limited representation and they can advise you on the procedure, your rights and the like without actually being your "attorney of record" for the entire lawsuit. Do not just guess about lawsuits and the respective rules and procedure.
This answer is for informational purposes only and is not legal advice regarding your question. This answer does not establish an attorney-client relationship.