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What does it mean when a phone conference is scheduled on a motion to dismiss in which the judge will be giving an order?

Bellmore, NY |

this is a federal court case. Does it mean that the case is dismissed or that the defendants have lost their bid to get the matter dismissed?

Attorney Answers 3

Posted

It could mean the Judge wants to hear argument on the motion.

I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.

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Posted

Neither. It means that the lawyers need not appear at the court house, but rather must call in to chambers by telephone to make their argument. I am assuming that you have a lawyer, as these phone conferences are typical only when both sides are represented. If correct, you should really be asking your lawyer these questions, as there may be specifics to which he or she is familiar and the rest of us are not. If you are the attorney asking this question, you should probably check the Judge's part rules, or call the Judge's secretary.

I do NOT know you. I am NOT your lawyer. This answer is provided for the general public who may have similar queries. The answer provided is NOT definitive. I do NOT know all of the facts of your case and NO attorney-client relationship is established. Please do not use my answer to tell your lawyer what to do. Free advise is worth exactly what you are paying. Trust the lawyer who is charging you for his/her time and expertise. If you can no longer trust your lawyer, then hire someone else. I am always interested in new clients and business opportunities and would welcome your call or email to discuss matters further. For more information, please feel free to visit my website or schedule an appointment.

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Posted

I agree with my colleagues. Sounds like a phone conference, or arguments on the motion via phone. Talk to your lawyer about it. He or she will know for certain.

The author of this posting is a lawyer licensed to practice law in the State of New York. He specializes in litigation matters relating to personal injury, construction accidents, auto accidents, slip and fall, dog bite, contract litigation, property litigation, civil rights, ERISA, and Social Security matters in federal, state and local courts, with a focus on courts in Staten Island, Manhattan, Brooklyn, Queens and the Bronx. This posting is intended as general information only, is not provided as legal advice in connection with any specific case, and should not be construed to create an attorney-client relationship.

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