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I am in a civil debt suit vs C.1.. The representing law firm asked for a telephone conference.  The court tried contacting the firm asking for a phone number twice in order to conduct a pre trial conference and received no response.  I showed up and by time proceedings were to take place the court still hadn't received a response.  I am wondering what my next course of action would be.  Request to dismiss?  Was told proceedings were to be concluded until further order.  I never filed for a discovery or requests for production of documents.  Does this give me time to do that or should I?  Does concluded until further order mean dismissed?

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Probably not/ Civil courts tend to be casual in term of deadlines, and such. They will probably give them a chance to reschedule, although you should be allowed to appear by phone since you already wasted time today.

 

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On 6/26/2018 at 1:22 PM, Goody_Ouchless said:

Probably not/ Civil courts tend to be casual in term of deadlines, and such. They will probably give them a chance to reschedule, although you should be allowed to appear by phone since you already wasted time today.

 

Would it not be worthwhile to file a motion to dismiss?  If the plaintiff does not respond, it would be an easy out for the defendant.  Nothing ventured, nothing gained.

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I suppose - can go either way, depending on court. If it was essentially a mediation session and these things are missed all the time, the court may find a MTD a bit much, but, by the same token, maybe this plaintiff has a habit of leaving people hanging and the judge has had enough.

 

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5 hours ago, Joopsman said:

Would it not be worthwhile to file a motion to dismiss? 

On what grounds? A motion to dismiss supposes that the allegations in the plaintiff's complaint are true. That means you need some technical reason that entitles you to a dismissal despite the claims against you. Is there a Court rule or case law that you know of that says failure to appear for a pre-trial hearing is grounds for dismissal?

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17 hours ago, Harry Seaward said:

On what grounds? A motion to dismiss supposes that the allegations in the plaintiff's complaint are true. That means you need some technical reason that entitles you to a dismissal despite the claims against you. Is there a Court rule or case law that you know of that says failure to appear for a pre-trial hearing is grounds for dismissal?

Maybe my terminology is not correct.  In Oregon, if the plaintiff is in default by not responding to a motion within an allotted timeframe, the defendant can file a judgment of dismissal.  The grounds for that are that the plaintiff is in default.  I don't know what the law or rules are in Michigan.

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This is very local court dependent, some courts treat defaults at these type of conferences as a dismissal, other courts do not really care. but without knowing the local practices and customs of your court it is hard to say.  in the courts by me, a party will get 1 or 2 no shows before the court either dismisses or grants judgment based on non appearance. 

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1 hour ago, Joopsman said:

Maybe my terminology is not correct.  In Oregon, if the plaintiff is in default by not responding to a motion within an allotted timeframe, the defendant can file a judgment of dismissal.  The grounds for that are that the plaintiff is in default.  I don't know what the law or rules are in Michigan.

It might help us if you could provide the law or rule to which you're referring.

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On 6/29/2018 at 7:33 PM, BV80 said:

 What affirmative relief have you sought?

 

I was just asking a general question.  It's not my case.

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