I'm being sued in a civil case. I've filed my case management statement while the plaintiff did not. Will the case be dropped if the plaintiff doesn't file on time?
Answer
Almost certainly not. While most judges will ask a party why they did not file a case management statement, most will not punish a party for failing to file one. I have seen some courts demand that a case management statement be filed after the case management conference, and give a deadline to do so, after which time the party and/or attorney might be monetarily sanctioned for failing to file the CMC statement. Otherwise, an apology for failing to file usually gets the party or attorney off "scott-free."
Answer
Ms. Darrow is exactly correct. Failing to file a CMC statement is rarely punished at all beyond a reprimand. WORST case is a modest fine.
No comments:
Post a Comment