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Old 10-17-2012, 08:28 PM
Goldie Lox Goldie Lox is offline
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Default Motion to adjourn - still outstanding issues

I'm typing on behalf of another member, so bear with me....

Set for trial and on the 11th hour, opposing counsel asked to adjourn so that we could settle outstanding issues. It was agreed that a proposal would be in my hands by end of next day (last Thursday) and that we should be able to resolve the issues out of court.
I have since received the document and we are no further to an agreement than jumping to the moon.
It is now obvious that we should have gone to court as originally planned. How do I restart the proceeding? I am doing this without a lawyer.
Old 10-18-2012, 12:12 AM
sahibjee sahibjee is offline
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I have not done this so i speak without experience, but i would call the court clerk and ask them if i need a new trial management conference or they can simply book another date for same number of days, i believe it would be another trial management conference first though.
Old 10-18-2012, 09:43 AM
limer limer is offline
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Was it a proposal or an "Offer to Settle". A proposal really carries no weight in court whereas an Offer to Settle does; pertains to reasonableness, costs, etc. By a proposal the other counsel is trying to get a feel of where you are really at. If there are items in his proposal you agree with then indicate so (eg. I find acceptable paragraph (s) ..... of your proposal dated such and such). If you want trial, then you'll need to go to assignment court to get back on the trial list. You should inquire down at the courthouse.

You could also formally counter with an "Offer to Settle" with timeline criteria for acceptance since you consented to the adjournment. Example might be by such a time of a certain date or untill 1 minute after commencement of the trial.
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