QUESTION
How does one stop a court proceeding?
Asked on Apr 10th, 2013 on Estate Planning - New York
More details to this question:
There are questions of jurisdiction of the court over matter and also conflict of interests laws being violated along with personal civil rights, and would like to know the answers to these questions before it goes any further.
17 ANSWERS
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Issues as to jurisdiction of the court over the persons should be raised before the court immediately. If there is a conflict of interest between the litigants and the judge, this should be addressed immediately.
Answered on Apr 12th, 2013 at 7:48 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Once a proceeding starts, only the judge can stop it, unless the parties agree.
Answered on Apr 11th, 2013 at 10:55 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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If you want answers you have to ask the questions with details. No one can answer this question in a vacuum.
Answered on Apr 11th, 2013 at 3:55 PM
Ronald A. Steinberg
If you filed the suit, then with the permission of the other parties, you can dismiss the case. That ends the proceedings. If someone else filed the suit, then you have to file a motion to have the case dismissed. Watch out for waiving your own rights in the process Like a "double jeopardy" claim.
Answered on Apr 11th, 2013 at 3:55 PM
2 Awards
You cannot stop a court case. If it is in the wrong jurisdiction however, and you are within the proper time limit and have not subjected yourself to the jurisdiction of the court, you can do a Demurrer based on jurisdiction and likely get the case dismissed. However, all this will do is tell the person where to file in the proper jurisdiction and you will end up in court again.
Answered on Apr 11th, 2013 at 12:05 PM
James Eugene Hasser
Without knowing more about the particulars of procedurally where you are, it's tough to answer the question other than to say to file a motion to dismiss if you are within the time to do so and if not, a summary judgment motion. If you don't have a lawyer, you should probably get one.
Answered on Apr 11th, 2013 at 12:04 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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Without knowing the facts of your matter, it can be said that as a general proposition that you may dismiss any litigation you have brought and that will "stop" the court proceeding. Questions about jurisdiction, conflicts and the like can be researched by your lawyer and you can be given advice on how to proceed after the research, which can include Motions before the court to rule on whether there is jurisdiction, whether there is a conflict of interest that requires some sort of action by the court, etc.
Answered on Apr 11th, 2013 at 12:03 PM
Your best approach is to consult with an attorney who specializes in litigation.
Answered on Apr 11th, 2013 at 12:03 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Ask your attorney. If you don't have an attorney, get one. This is way too complicated for a novice to handle on their own.
Answered on Apr 11th, 2013 at 12:03 PM
3 Awards
Your question is too complicated for this type of forum. There are two types of jurisdiction issues, personal and subject matter. One can be waived one cannot. You need to have an attorney review the complaint and status of your matter to advise you about your case.
Answered on Apr 11th, 2013 at 12:02 PM
The lawyers file motions challenging the jurisdiction of the court to rule.
Answered on Apr 11th, 2013 at 12:02 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Motions would have to be filed regarding jurisdiction and any other matters. Once filed in court and answered, need both parties and Court to agree to dismiss.
Answered on Apr 11th, 2013 at 12:02 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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That is what lawyers are for: to raise such questions in proper motions before the court.
Answered on Apr 11th, 2013 at 12:02 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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Most likely, one has to file a motion with the court to dismiss the action, and state with evidence the reason why the action should be dismissed.
Answered on Apr 11th, 2013 at 12:01 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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Questions of jurisdiction of the Court in Michigan must be raised by Motion for Summary Disposition. As to the remaining issues, those must also be raised if meritorious by motion.
Answered on Apr 11th, 2013 at 12:01 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It depends on the nature of the proceedings (criminal, civil, administrative), and what court they are in. For example, in Civil court in S.C. a motion can be made pursuant to Rule 12, SCRCP, to dismiss the case. However, your chance of success is small unless you have an attorney assist you.
Answered on Apr 11th, 2013 at 12:01 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Research the rules of procedure for that court. You will need to file a motion.
Answered on Apr 11th, 2013 at 10:52 AM