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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?

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Attorney answers 3


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

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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.

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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.