i was out of state, with no attorney, when it was granted...now is it too late for me to ask that they overturn the decision?
i couldn't afford an attorney, so does he get to hire a ruthless attorney to come after me, and then because i can't defend myself, have me pay his attorneys fees?
Unfortunately, when you represent yourself you do so at your own peril. You are held to the same standard as attorneys, and that includes knowing the rules on filing timely motions, oppositions to motions, etc.
You don't give enough information to give a completely accurate answer; however, If your opposing side filed a Motion to Compel (along with a request for attorneys fees), you would have had a certain time period within which to oppose that motion before a judge could just grant it. It is unlikely that a judge would grant this kind of motion without first giving you an opportunity to respond.
Depending on the rules in your state, you might be able to file a motion to reconsider the ruling. Do not wait as you probably have a limited time within which to do this (if the time has not already passed).
DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided for informational purposes only and the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship. For legal advice relating to your specific situation, I strongly urge you to consult with an attorney in your area. NO COMMUNICATIONS WITH ME ARE TO BE CONSTRUED AS ARISING FROM AN ATTORNEY-CLIENT RELATIONSHIP AND NO ATTORNEY-CLIENT RELATIONSHIP WILL BE ESTABLISHED WITH ME UNLESS I HAVE EXPRESSLY AGREED TO UNDERTAKE YOUR REPRESENTATION, WHICH INCLUDES THE EXECUTION OF A WRITTEN AGREEMENT OF RETAINER.
I agree with my colleague that a pro se party is held to the same standard as one represented by counsel. This means that if you are being sued, you need to establish a system to alert you when papers are filed in your case, even if you are out of town, just as would a lawyer. Because you did not, apparently a motion was filed and you did not respond and it was granted against you. At this point, a party could ask the court to reconsider and explain the circumstances. You may want to consider hiring a lawyer to help as it may save you money in the long run. Good luck.
I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your question, only general information regarding the law. You are not my client nor am I your attorney unless we sign a retainer agreement.
Car / Auto Accident Lawyer
EDCR May be some help Rule 2.24. Rehearing of motions says:
(a) No motions once heard and disposed of may be renewed in the same cause, nor may the same matters therein embraced be reheard, unless by leave of the court granted upon motion therefor, after notice of such motion to the adverse parties.
(b) A party seeking reconsideration of a ruling of the court, other than any order which may be addressed by motion pursuant to N.R.C.P. 50(b), 52(b), 59 or 60, must file a motion for such relief within 10 days after service of written notice of the order or judgment unless the time is shortened or enlarged by order. A motion for rehearing or reconsideration must be served, noticed, filed and heard as is any other motion. A motion for reconsideration does not toll the 30-day period for filing a notice of appeal from a final order or judgment.
(c) If a motion for rehearing is granted, the court may make a final disposition of the cause without reargument or may reset it for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Howard Roitman, Esq. and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.