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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
Of course, one strange thing to me is why haven’t you heard…this suggests to me you may either (a) be representing yourself (Pro Se) or (b) your lawyer is not doing a good enough job keeping you up to date on what’s happening. You may want to check your eligibility for low-cost legal help: http://texaslawhelp.org/.You can also check the rules for what usually has to happen in a lawsuit, and when, here: http://www.supreme.courts .state.tx.us /rules/trcp/rcp_all.pdf.
The mediation process has become very important in almost all areas of litigation, in these days of crowded court dockets. This is especially true in cases involving personal injury suits. So I’m going to suggest some things for you to consider to help make sure you’re in a better position to monitor your case and be reassured you’ll get your fair rights to a hearing. The first place to look is your Schedule Conferencing Order. This order (as to what happens, when) should have happened some time ago. If you have a lawyer, but have no idea what’s in your file (and don’t want to ask your layer), you can go tot the local court and look at what’s been filed. The Schedule Order applies, because this is how you can see if the Plaintiff has been acting in a timely way…usually acting to bring the suit forward to trail, within 180 days from filing.
Here’s a case where a plaintiff didn’t act in timely manner, and the defendant moved to dismiss the case. http://caselaw. findlaw.com/tx-court-of-appeals/1171855.html. If you are not being represented by a lawyer right now, I strongly suggest you try and get some legal advice immediately, to be sure important deadlines (especially relating to claims notices and production of evidence by you) have not been missed.
- Texas Law: Why Is There Required Mediation?
The important question to ask: does missing mandatory mediation harm one or both sides? Yes. If it is part of a pattern of delay by the plaintiff, the result can be a dismissal of the case. Generally, the party who is filing (the plaintiff) needs to press their case forward. This includes motions to compel certain actions such as mediation. Keep in mind, if you fail to respond, the same rules may apply against you, too.
The odds are, if you have not heard about the mediation, is that they have failed to schedule the mediation. Sometimes, the court clerk has made the mistake, and there’s been no fault by the plaintiff or defendant,
The difficulty, frankly, in getting a case dismissed for failing to schedule or attend one hearing is to prove some harm in the delay. This also depends on the judge. Most judges are very reluctant to dismiss a case, and then see it refiled. But if you can show the plaintiff has been dragging the case out, with repeated delays (including the failure to schedule mediation), then this cab be itself grounds to dismiss the case with prejudice…meaning they cannot refile it.
- Are You Pro Se Or Represented By Counsel?
Some lawyers have been working at their trade so long they look ahead to where the case will be, and not necessarily where it seems to be to their client. At the same time, you may want to check with the Texas State bar…see if your lawyer has had any complaints filed. Most lawyers do get some complaints, but you may see a pattern of complaints involving late filings from your lawyer. The lawyer complaint search is here: http://www.texasbar .com/AM/ Template .cfm?Section=Disputes_With_Your_Lawyer.
As mentioned, the burden of “prosecuting” a case isn’t shifted onto you as the defendant. Either you or your attorney can move to dismiss the case. Here is a source discussing important forms to accomplish that request to dismiss… http://www.dallas county.org/legal-info/media/represent-self.pdf.
Of course, one strange thing to me is why haven’t you heard…this suggests to me you may either (a) be representing yourself (Pro Se) or (b) your lawyer is not doing a good enough job keeping you up to date on what’s happening. You may want to check your eligibility for low-cost legal help: http://texaslawhelp.org/.You can also check the rules for what usually has to happen in a lawsuit, and when, here: http://www.supreme.courts .state.tx.us /rules/trcp/rcp_all.pdf.
The mediation process has become very important in almost all areas of litigation, in these days of crowded court dockets. This is especially true in cases involving personal injury suits. So I’m going to suggest some things for you to consider to help make sure you’re in a better position to monitor your case and be reassured you’ll get your fair rights to a hearing. The first place to look is your Schedule Conferencing Order. This order (as to what happens, when) should have happened some time ago. If you have a lawyer, but have no idea what’s in your file (and don’t want to ask your layer), you can go tot the local court and look at what’s been filed. The Schedule Order applies, because this is how you can see if the Plaintiff has been acting in a timely way…usually acting to bring the suit forward to trail, within 180 days from filing.
Here’s a case where a plaintiff didn’t act in timely manner, and the defendant moved to dismiss the case. http://caselaw. findlaw.com/tx-court-of-appeals/1171855.html. If you are not being represented by a lawyer right now, I strongly suggest you try and get some legal advice immediately, to be sure important deadlines (especially relating to claims notices and production of evidence by you) have not been missed.
The important question to ask: does missing mandatory mediation harm one or both sides? Yes. If it is part of a pattern of delay by the plaintiff, the result can be a dismissal of the case. Generally, the party who is filing (the plaintiff) needs to press their case forward. This includes motions to compel certain actions such as mediation. Keep in mind, if you fail to respond, the same rules may apply against you, too.
The odds are, if you have not heard about the mediation, is that they have failed to schedule the mediation. Sometimes, the court clerk has made the mistake, and there’s been no fault by the plaintiff or defendant,
The difficulty, frankly, in getting a case dismissed for failing to schedule or attend one hearing is to prove some harm in the delay. This also depends on the judge. Most judges are very reluctant to dismiss a case, and then see it refiled. But if you can show the plaintiff has been dragging the case out, with repeated delays (including the failure to schedule mediation), then this cab be itself grounds to dismiss the case with prejudice…meaning they cannot refile it.
Some lawyers have been working at their trade so long they look ahead to where the case will be, and not necessarily where it seems to be to their client. At the same time, you may want to check with the Texas State bar…see if your lawyer has had any complaints filed. Most lawyers do get some complaints, but you may see a pattern of complaints involving late filings from your lawyer. The lawyer complaint search is here: http://www.texasbar .com/AM/ Template .cfm?Section=Disputes_With_Your_Lawyer.
As mentioned, the burden of “prosecuting” a case isn’t shifted onto you as the defendant. Either you or your attorney can move to dismiss the case. Here is a source discussing important forms to accomplish that request to dismiss… http://www.dallas county.org/legal-info/media/represent-self.pdf.