Legal Question in Civil Litigation in Illinois
defendant doesn't file motions
i know the process of motioning the court, etc. the defendant is allowed to bring in new objections and/or answer without filing or notice given. then judge wants me to respond with an answer but I don't even know what the defendant is talking about until I can research the objection. so, when i tell the judge this, the judge then proceeds to grant some of defendants requests and then allows me to return to court to respond to defendants objections.... this sounds really backwards. what can i do to stop the defendant from continueing to file the day before court?
1 Answer from Attorneys
Re: defendant doesn't file motions
If a judge is permitting a violation of the rules, you are going to have to live with the situation as oftentimes its a matter of judicial discretion. You can file an appeal if you feel that rulings on the motions and objections where you have not had notice and whic violate the process have prejudiced you. Otherwise, the only way to protect yourself is to hire counsel. Good luck