I recently fired my attorney and plan to sue him; however, the pre-trial is in a few weeks and he never deposed my primary defendant. The case was to be heard in 2010. He deposed two defendants and only insulted them but did not ask relevant questions. Can I do another depo on them? Can I file a motion to extend the pre-trial hearing six months to do discovery on the primary defendant? Have I lost my chance?

Hmmm.... I would hire another attorney *if you have the means, and file a motion to redepos witnesses. Its horrible this system....but what can you do?

Maybe Dr. Graves will answer.

Here's my situation:

I'm the plaintiff and filed motion for summary judgment.

The defendant also filed his motion for summary judgment, and withdrew his option for oral argument hearing via e-mail to me... but he did not convey his withdrawal to the court.

I conveyed this to the Court along with defendant's e-mail.

My question:
Should I request a hearing on my motion for summary judgment?

Or is the hearing a mute issue at this point?

If I am allowed to schedule a hearing on my motion for summary judgment ... does the hearing exclude the defendant?

Anybody out there have any suggestions ... it will be greatly appreciated. I'm sort of on the clock with this and need instant reply.

Halina

I found the ans. in FRCP Local Rule for my District Court: its the Court's discretion to notify the parties that oral argument shall be heard /or/ not heard on any given motion.

I called the judges assistant just to verify.