What is a 100 day notice entered by the court in a civil proceeding?

I see a 100 day order was entered by the court in my civil claim. What does that mean and what are the actions that must be taken relative to that?

A: I suspect that you might be referring to a 150-day order. These are issued by the court to try to “move the case along” and remind the parties of the deadlines in the case. You will want to review the order carefully to make sure that you comply with all deadlines, otherwise you will run the risk of having a ruling against you.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Arizona Litigation Lawyer
Re-posted from AVVO Legal Questions & Answers.

Is a party to a lawsuit allowed to file a response to a Non-Party’s filed objection to a subpoena duces tecum?

If a party to a lawsuit serves a non-party with a subpoena duces tecum to produce documents, and the non-party files an objection with the court so as to not comply with the subpoena, are both the Plaintiff and Defendant then allowed to file responses to the non-party’s filed objection?

Additional information
I’m a party to a suit. The opposing party sent a subpoena to a non-party. The non-party filed an objection to the subpoena. I want to file a non-oppositional response to the non-party’s filed objection. Can I do this, or would it be improper?

A: Assuming that you are in Superior Court, the rule to look at is Arizona Rule of Civil Procedure 45. I reviewed it very quickly and didn’t see anything right on point. You may want to review it with more care. I see very little downside to you filing something on the issue so that the judge can have your point of view on the issue.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

Answered by , Arizona Litigation Lawyer
Re-posted from AVVO Legal Questions & Answers.

Does an attorney have to file a notice of appearance to file a pleading on behalf of a party?

There are 5 Defendants in a personal injury lawsuit, and an attorney sends Plaintiff a formal introduction letter explicitly stating that he is only representing 1 of the 5 named Defendants. The attorney then subsequently files an Answer and Counterclaim on behalf of the 1 Defendant, but also concurrently files a Motion to Dismiss for the other 4 Defendants (whom he never claimed to be representing in his introduction letter). Would the attorney not have to had have first filed a Notice of Appearance for the other 4 Defendants before filing a Motion on their behalf since he first disassociated himself as their attorney of record based on his formal introduction letter to Plaintiff? If not, in what instances would a Notice of Appearance need to be filed?

A: Usually filing a motion to dismiss on behalf of a party would be an initial pleading that would constitute an appearance on behalf of the defendants for whom the motion was filed. But it will depend somewhat on the wording in the motion. If the attorney has been retained by all the defendants to represent them, then the answer is no–the lawyer does not need to file a notice of appearance in addition to filing a motion to dismiss.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Arizona Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.

My case is over a year old is it true that I am allowed to receive only one copy of my discovery?

I received a copy of my discovery last May and have not gotten any new material since. I requested a copy from my counsel and let him know I had gone through a separation since receiving the copy back in may and that I wanted to see what had been added since the beginning. He told me that I had my copy and if I lost it that was to bad. Is there a law against reprinting my file 2 times? Can I request a copy from the judge next time I see him or how should I handle this?

A: While technically your attorney is required to give you only one copy, I can’t understand why a lawyer wouldn’t just print another copy and give it to you. It sounds like there is something else going on here–perhaps a dispute between you and the lawyer? If you and your lawyer cannot agree on a simple thing like getting a copy of a document from the lawyer’s file, then you will probably need advice on all aspects of this deteriorating relationship.

* This answer does not constitute legal advice. I am admitted in the State of Arizona only. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. You should not rely on this advice alone, and nothing in these communications creates an attorney-client relationship.

Published By:

Gunderson, Denton & Peterson, P.C.
1930 N. Arboleda, Suite 201
Mesa, Arizona 85213
Office: 480-655-7440
Fax: 480-655-7099

By , Arizona Litigation Attorney.
Re-posted from AVVO Legal Questions & Answers.