More details to this question:
I'm involved in a lawsuit, I'm the plaintiff, I filed a complaint with the Morris County Court, the defendants lawyer filed a motion to dismiss, the judge's associate called me up and said I have to file a response to the motion to dismiss, 1) do I have to respond to the motion to dismiss? 2) if I do have to respond do I file it with the court and send it to the opposing lawyer, or just give the response to the judge? 3) If I need to file a Motion for Adjournment do I have to send the request to the court and the opposing lawyer?
1 ANSWER
Yes, you need to respond to the motion to dismiss. You must serve a copy on opposing counsel, and also file the response, with an affidavit or certification that you served it on the other side, with the Court. If you need an adjournment, first call the other side and see if they will consent to it. If they will, call the Judge's clerk to see what type of paperwork they need for an adjournment on consent - whether they don't need any, or just a letter will do, or if they need a signed stipulation. Whatever they need, provide it. If the other side won't consent to an adjournment, call the Judge's clerk, explain the situation, and ask when you can have a conference call with the Court and the other side so that you can ask the Judge for an adjournment.
Answered on Sep 26th, 2013 at 2:44 PM