What happens if the Applicant doesn't serve a Case Conference Brief before the required date? Is the Respondent still expected to serve theirs? What will the impact be at the Case Conference?
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What happens if Applicant doesn't serve Case Conference Brief?
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The brief is basically an agenda for topics to be discussed, it is not part of the continuing record.
If the Applicant doesn't file one, they look like an idiot. The Respondent should file, and this will give them a lot of control over the discussion.
The judge will still look over the application but probably be annoyed. The judge is not supposed to side with one party or the other because they are annoyed, but it may affect any proceedural orders that are requested.
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Originally posted by FrustratedPartner View PostMy lawyer said that costs usually go to the party who did NOT file a case conference brief.
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Originally posted by OrleansLawyer View PostIf a party is unprepared for the conference, costs may be awarded against them.
This is uncommon for case conferences.
If costs were awarded more at conferences we probably would see more solutions being hashed out at conferences rather than avoidance and not failures to meet the expectations of the Rules materials.
Good Luck!
Tayken
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