Expert Advice When You Need It Most

I am the defendant in a lawsuit, when the plaintiff takes almost a year & we haven't been to court yet.

What are my options?, can I call for a court date? I would like to finish this & put it behaind me as soon as possible.

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Attorney answers (1)

Reputation Level 8
I do not practice in your state and therefore can't give specific legal advice. As a general matter, you should check the rules of the court you are in to see if they provide for a motion to dismiss for failure to prosecute/lack of prosecution. At some point (and a year might not be long enough) an action can be dismissed for the inaction of the plaintiff. At a minimum, such a motion would get the parties before the court and hopefully get things moving. If you are pro se, I would also recommend you find out if the court you are in has a "lawyer for the day" or "duty lawyer" program- some places have volunteer attorneys on hand on certain days to provide guidance for pro se litigants.

Good luck

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