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rockscan 06-29-2017 02:42 PM

Terms definition
Can someone tell me what it means when a lawyer says "pleadings are closed"? Does this mean no further evidence can be entered before or at the motion date? Or that the hearing is closed? Its a first appearance if that helps.

trinton 06-29-2017 03:04 PM


Close of Pleadings

Marginal note:Close of pleadings

202 Pleadings are closed

(a) where a statement of defence has not been filed within the period set out in rule 204, on the expiration of that period;

(b) on the filing of a reply; or

(c) on the expiration of the time for filing a reply.
Federal Courts Rules

rockscan 06-29-2017 03:12 PM

So that means she cant show up at the appearance with anything and try to argue it?

trinton 06-29-2017 03:37 PM

How exactly was it closed ? Other side may show up and request a leave of some sort to re-open. Otherwise, I believe they have no pleadings and you would just get on the trial list to get the order you want without any counter arguments from the other side - just you and the judge.

rockscan 06-29-2017 03:44 PM

The lawyer said it in correspondence to the lawyer who will attend the first appearance. Just said that he understands pleadings are closed. It was the first time we have heard this and since it was part of his instructions to the other lawyer, I think he was just trying to prepare them. Other side is unrepresented as far as we know.

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