....LOL, yes "JURISDICTIONARY" I had filed this case in Federal court way back on January 7th 2019 ,, we have been going back and fourth for almost a year. They have been trying to shut the case down but cant because I've ripped them of their immunities.
I am sueing the administrative agency CSED (child support) in the State of Montana under 42_1983.(people that work there)
I wanted to be in Federal court because I dont think I would have had a chance in a state court (they protect their own ).
.... your not going to believe this...
the schedule we got in April stated a list of deadline for filing documentation .... one of those deadlines was the "Motions Deadline fully briefed ) " November 29 .... well I had contacted defense and told them that I was going to file a motion for summery judgement on Cause of Action 2 & 3 ... ( I have 14 total in my case)... So I filed my Undisputed facts,Motion, and brief on November 29th ... Well so did the attorneys for defendants ...the trial WAS scheduled for January 17th ,
...BUT then this showed up in my email from the docket...
.
On April 11, 2019, the Court set trial and associated deadlines in this matter. (Doc. 31.) In its scheduling order, the Court set a motions deadline and noted that the motions deadline was a deadline by which the motions must be fully briefed. The parties-not only the pro se plaintiffs but also the defendants, represented by attorneys for the State of Montana-failed to meet the fully briefed motions deadline, as they filed their cross-motions for summary judgment on November 29,
2019, the date upon which the motions were to be fully briefed and ripe for ruling.
Because the filings were not timely, it is infeasible for the Court to rule on the motions prior to the time set for trial.
Accordingly, IT IS ORDERED that trial and associated deadlines are VACATED pending disposition of the parties' cross-motions for summary judgment.

.... I am so made at my self .. I had a feeling that I shouldn't file a summery judgement.
... Now the judge is going to decide on just my two cause of actions and yet defense filed a summery judgement against the WHOLE case.
........I HAVE NO IDEA HOW TO FIX THIS and stay in some type of Honor with the court.....
* Last updated by: TULLY1 on 12/22/2019 @ 5:35 AM *

As my class on Summary Judgment states, and the KEY to winning any summary judgment, whether for or against, there must not be ANY "genuine issue of material fact" remaining in the record, i.e., no material fact for a judge or jury to rule upon. In such cases, summary judgment will not succeed. So, the class will be extremely important for you to study again and again as you prepare your defense. Please study that class and do as it teaches, Tully1.

sure, But the summery judgement on my side is for only 2 causes , Defenses is for the whole case.
How would I change my SJ to include the whole case.
would I request a "leave"... then a request to amend and supplement the summery judgement to include all COA.
Its the process of changing the summery judgement to include all the cause of actions i need to know.

Did you study my class on Summary Judgment? The process is quite simple, actually. If you are moving for summary judgment, you must allege and prove there are "no genuine issues of material fact" on the record. If you are defending a motion for summary judgment, you file a memorandum in opposition alleging there are "no genuine issues of material fact" on the record and then prove that is so in order to win. It is not complicated, Tully1. Don't imagine that it is, for thinking it is difficult will only make it seem difficult and prevent your doing your best. :)

yep...sure did ... When I did my summery judgement I showed "no genuine issues of material fact"on cause of actions 2 and 3 ... not 1, 4, 5, 6, 7,8, 9, 10, 11, 12, 13, or 14.

I think I figured it out. I'll write up a summer judgement on all cause of actions ... then file a motion for Leave (fed rule 15) put the judgement into the motion as an exhibit .... then once the court says ,OK, then file the summery judgement on ALL cause of actions as an amended motion for summery judgement.

well, since my last post. I found out I can't ask for leave because the time period has run out to do it (21) days.

maybe I'll write up an order to submit to the judge and see what happens.

Now in the event the judge sides in my favor , how do a start a lien or get paid ? Should I put that in the Order I write up ???

... wondering something else, is it ok to counter claim in an a "answer" or other pleadings with out "officially" stating a counter claim ??

The reason I'm asking is because defense subtly entered in a counter claim for the judge to side in their favor (in their answer to the complaint) but has become more aggressive with it throughout the case.

They have ever officially filed a counter.

Was it served upon you; is there a certificate of service? An answer and counterclaim can be combined. The paper should have been entitled "Answer and Counterclaim".

Nope... the document just says "Answer to complaint" ....in the last paragraph is where they request the judge to side in their favor for court casts and atty fees.