"motion to compel, attorneys fees, and cost related related relief" can i file an opposition? or exemption for relief?

Asked about 2 years ago - Las Vegas, NV

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?

Attorney answers (3)

  1. Howard Robert Roitman

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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... more
  2. Brandy Ann Peeples

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . 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... more
  3. Dave Bahr

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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... more

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