I had the wonderful opportunity to speak with this highly exceptional woman on the phone yesterday. I called her and left a message and she called me back within 24hrs. the conversation was uplifting and extremely informative. This woman is truly an advocate in every sense of the word. I encourage everyone to subscribe to and support her channel, she is undoubtedly dedicated to employment law
And thats why im here again today because my advasariss response to my interrogatories was a domestic violence order preventing me from further discovery smh
after 14 years the other party filed a failure to timely serve the court dismissed it. Mold exposure case years of back and forth to curt. The lawfirm got money for years and had this as their plan. This was act of gamesmanship and bad faith. I struck back with Fraudalent concealment gives you 2 - 6 years of extra time to serve for hiding information. Misrepensentation also gives you more time, they were some other things. But motion to dismiss is not cool when it is against you. Thank you you are so helpful to people.
Thank you so much for this information. I have been working relentlessly to learn laws and procedures but still was struggling with how to implement them. This is exactly what i needed and you delivered the information very simply yet effectively. very well done! thanks again
It is the night before the Rule 12 Hearing regarding a civil matter against my home insurance company, which I am a Pro Se Plaintiff Litigant, and I feel so much more prepared now for after viewing your video. My approach is to do exactly what you suggest regarding mirroring the defendants motion, but I will present my response in my oral argument, as I did not have time to write my response to the defendants motion. I'll let you know how it works out after my hearing..!
>>I am enormously and warmly grateful to you for your EXECCELLENT work on the part of people who have to go to court pro se. >>Respectfully Serene NHG.
This video was incredibly informative and exceeded my expectations of anything I thought I would find. I am pro se and feel much better prepared! Thank you so much!
I had all the above in my federal complaint ,they completely ignored it, and used the 12b to say they didn't have jurisdiction. And they did child support is a federal program
Hi. You have the option of appealing the 12(b) ruling. Federal Rule of Appellate Procedure governs appeals. Here is the link: www.law.cornell.edu/rules/frap/rule_4
The defendant listed these to dismiss my claim it also added that I did not have proof that I could file a claim for my own mother's estate - that I could not file on her behalf. She is my mother. What do they need?
I assume defendant filed a motion to dismiss your lawsuit, for failure to state a claim. Respond to their motion, line by line. Whenever you dispute defendant, do so with the facts and law. Best.
Hello! Thank you for all your helpful tips. I tried going to your site to download the sample on responding to a motion to dissmiss and it was removed. Is there anywhere else I can find it?
I learned you-tube will take down links, for whatever reason. Here is a link to a response. Download and save it asap. www.robwiley.com/docs/bongiovanni_-_plaintiff_s_response_to_defendant_s_motion_for_partial_dismissal.pdf
Thank U.Fantasic Video .My Pro Se Response to Dismiss. How much to GHOST write MY RESPONSE TO MOT.DISMISS?? YR SLOW. N. PROPERLY PRESENTED VIDEO IS THE BEST!
Can you help me with something? I filed my complaint in Federal court. Then a motion to proceed in forma pauperous. My motion to proceed FP was granted but the Magistrate judge stayed my service of summons to the defendants pending an omnibus meeting. Why? What should i expect and how should i prepare?
I can't answer your question as I don't know your case. However, an omnibus meeting, generally, is a status hearing. Read your jurisdiction's rules on omnibus or status hearing.
Hey Queen! I filed a Writ of Prohibition(judicial misconduct complaint) in Circuit Court against a Family Court judge. The Family Court judge filed a motion to dismiss "failure to state a claim for relief". However, I stated all the elements and my claim was dismissed with prejudice. The two courts are in the same small building and I believe the Circuit Court judge is protecting his buddy. Can I amend my complaint or... Is there anything I can do?
My response to the court was similar to yours.. it sought dismissal for some reason or another.. i responded that the company was so emphatic they were right, the average person would love their day in court.. so dont fight me.
Hey, I filed a lawsuit against 3 police officers for lying in a search warrant. The case was dismissed, but they have been harassing me ever since, so i decided to take action. They filed a notice to dismiss, is there any chance i could email you my claim along with their dismissal to get some tips? Thanks!
(Federal) 28 U.S. Code § 1391 - Venue generally : www.law.cornell.edu/uscode/text/28/1391 (State) Read the rules on Venue in the state the matter will be filed. Also, the following article is helpful. www.nolo.com/legal-encyclopedia/state-courts-venue-rules-govern-29656.html
Hello, I enjoyed the video, it is excellent, but was unable to download the sample document. I would appreciate it if you can send me the link. Thank you
Hi. I suppose it would hinge on whether the opposing party files a motion for default, or the Court could,, Sua sponte, find the late filing in default. Read the jurisdictional rules. At any rate, cross that bridge if and when you get there. Should you get there, make your case. Best.
Thank you, they filed a motion to dismiss saying that I filed untimely. They’re doing this because they don’t have much evidence regarding the way I was treated, if any at all. So they’re trying to use a technicality to get my case dismissed. Court procedures say all motions should be 15 pages the judge allowed them to file 25 pages. I followed your video (thanks you are a true queen) and they responded with an additional 15 pages. So me not knowing I responded to their additional response and it was stricken because I needed to file a motion for leave. So I filed it and am waiting to see if it is approved so that I can file a reply.
Thanks @@advocatelucinda you are truly saving us and our families. I am learning as I go but after reviewing fed. r. civ. p. 6(a) the start of the 90 day time limit to file is the day after someone receives their right to file letter or any type of action. So my motion is timely based on this rule. So it was no reason to argue for a motion to dismiss for my suit being untimely. Just a tactic to confuse and delay because their is no actual evidence to back up their assertions. Something I definitely will do my best to highlight to the judge. I am very thankful that I found your videos because it is really hard trying to navigate in a federal court. They seize on any mistake to confuse and frustrate pro se litigants.
i filed a small claims. The vet had her lawyer pay answer fee on 28th day. then didn't file a answer but had the answer in the motion to dismiss and move to civil. is that allowed?
Hi. The motion to dismiss is not the "Answer" to Plaintiff's Complaint. It is a response, wherein the Respondent is asking the court to dismiss the lawsuit. In the event the court denies the motion to dismiss, then the Respondent must formally respond to the Plaintiff's Complaint, barring any rule that states otherwise. Please read and follow the Civil Rules of Procedure in your jurisdiction, to ensure all requirements are met. Best.
No. All judges are not corrupt. In my 28 years practcing law, most of the judes I've gone before were great judges. It's unfortunate that the "bad apples" make the good ones look bad. Best.
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I had the wonderful opportunity to speak with this highly exceptional woman on the phone yesterday. I called her and left a message and she called me back within 24hrs. the conversation was uplifting and extremely informative. This woman is truly an advocate in every sense of the word. I encourage everyone to subscribe to and support her channel, she is undoubtedly dedicated to employment law
Glad to help. And, thank you for your support.
@@Minister-In-Law can I talk to you too? I am taking Criminal Justice online and would appreciate it extremely if I could speak with you!
Yes. Please email me at adjunctlaw@gmail.com and we'll schedule a time to talk. Best.
I agree and have told several people about her that are pro se.. her videos helped me so far
And thats why im here again today because my advasariss response to my interrogatories was a domestic violence order preventing me from further discovery smh
Thank you for sharing your knowledge with us. It's much appreciated. God bless you
You are so welcome.
after 14 years the other party filed a failure to timely serve the court dismissed it. Mold exposure case years of back and forth to curt. The lawfirm got money for years and had this as their plan. This was act of gamesmanship and bad faith. I struck back with Fraudalent concealment gives you 2 - 6 years of extra time to serve for hiding information. Misrepensentation also gives you more time, they were some other things. But motion to dismiss is not cool when it is against you. Thank you you are so helpful to people.
14 years is criminal of the court.
Thank you so much for this information. I have been working relentlessly to learn laws and procedures but still was struggling with how to implement them. This is exactly what i needed and you delivered the information very simply yet effectively. very well done! thanks again
Glad it was helpful!
It is the night before the Rule 12 Hearing regarding a civil matter against my home insurance company, which I am a Pro Se Plaintiff Litigant, and I feel so much more prepared now for after viewing your video. My approach is to do exactly what you suggest regarding mirroring the defendants motion, but I will present my response in my oral argument, as I did not have time to write my response to the defendants motion. I'll let you know how it works out after my hearing..!
Hi. I'm glad my video helped. Best!
How did it go?
Did you win???
I love your videos. You explain slowly and accurately. Thank you for your knowledge
You are so welcome!
I seem to have a lot of problems with the courts at the moment. I find that not even the magistrates or judges follow the rules!
Be encouraged. Do everything by the "book." This is why we have the Appeallate Court, to review lower court decisions. Hang in there.
@@advocatelucinda can I get your opinion on something
Hi. You can email me at adjunctlaw@gmail.com.
You can contact me at adjunctlaw@gmail.com.
I loved your video. I am looking forward to summary judgement. God Bless you for helping pro se litigation.
Glad to help! Thank you!
Excellent video about how to respond to a motion to dismiss. I hope you can create more videos about pleading creations. Have subscribed.
Your suggestion for video-creation is great. Thank you. And, thank you for subscribing.
I live in The Bahamas and had lost all confidence in lawyers untill I came across you, you are a special jem in this world. Keep up the good work!
Awesome! Thank you!
Love this woman! Great mind!
It's my privilege to arm individuals with this infomation. Thanks for your support.
U are a angel.....God bless u 4ever ......❤❤
Thank you!
I have a brain tumor and a bone birth defect in my head. It is difficult for me to learn sometimes. This style of teaching was helpful!😊
I'm glad it helps.
Thank you for breaking everything down. Very appreciative 🙏🏽
Glad it was helpful!
>>I am enormously and warmly grateful to you for your EXECCELLENT work on the part of people who have to go to court pro se.
>>Respectfully Serene NHG.
It's my pleasure! Thank you!
This video was incredibly informative and exceeded my expectations of anything I thought I would find. I am pro se and feel much better prepared! Thank you so much!
Glad it was helpful!
You are amazing this was extremely helpful and I can’t thank you enough for this
Glad it helped!
Amen 🙏 keep that empowerment coming
Thank you!
This has helped me greatly thank you!
Glad it helped!
Love your channel. Very Empowering!
Glad you enjoy it!
Excellent Information
Glad you enjoyed the video!
Hi Lucinda,
Thanks for all info you share. It’s much appreciated! Q: can a defendant file motion to dismiss after discovery?
The motion to dismiss is filed before discovery. F.R.C.P. 12. It is the motion for summary judgment that is filed after discovery. F.R.C.P. 56. Best.
I had all the above in my federal complaint ,they completely ignored it, and used the 12b to say they didn't have jurisdiction. And they did child support is a federal program
Hi. You have the option of appealing the 12(b) ruling. Federal Rule of Appellate Procedure governs appeals. Here is the link: www.law.cornell.edu/rules/frap/rule_4
The defendant listed these to dismiss my claim it also added that I did not have proof that I could file a claim for my own mother's estate - that I could not file on her behalf. She is my mother. What do they need?
I assume defendant filed a motion to dismiss your lawsuit, for failure to state a claim. Respond to their motion, line by line. Whenever you dispute defendant, do so with the facts and law. Best.
Hello! Thank you for all your helpful tips. I tried going to your site to download the sample on responding to a motion to dissmiss and it was removed. Is there anywhere else I can find it?
I learned you-tube will take down links, for whatever reason. Here is a link to a response. Download and save it asap.
www.robwiley.com/docs/bongiovanni_-_plaintiff_s_response_to_defendant_s_motion_for_partial_dismissal.pdf
@@advocatelucinda Thank you so much. Happy Holidays!
Thank U.Fantasic Video .My Pro Se Response to Dismiss. How much to GHOST write MY RESPONSE TO MOT.DISMISS?? YR SLOW. N. PROPERLY PRESENTED VIDEO IS THE BEST!
Glad the video was helpful. I am not knowledgeable about ghostwriting fees.
Can you help me with something? I filed my complaint in Federal court. Then a motion to proceed in forma pauperous. My motion to proceed FP was granted but the Magistrate judge stayed my service of summons to the defendants pending an omnibus meeting. Why? What should i expect and how should i prepare?
I can't answer your question as I don't know your case. However, an omnibus meeting, generally, is a status hearing. Read your jurisdiction's rules on omnibus or status hearing.
Man this is good stuff
Glad it's helpful.
This is so helpful. Thank you !!
Glad it was helpful!
Hey Queen! I filed a Writ of Prohibition(judicial misconduct complaint) in Circuit Court against a Family Court judge. The Family Court judge filed a motion to dismiss "failure to state a claim for relief". However, I stated all the elements and my claim was dismissed with prejudice.
The two courts are in the same small building and I believe the Circuit Court judge is protecting his buddy.
Can I amend my complaint or...
Is there anything I can do?
Hi. Read the rules to determine what action, if any, you can take from the Court's dismissal. Best.
This was so helpful!!! Thank you!
Glad it was helpful!
How does a pro se litigant go about finding appropriate case law to site in the response to dismissal?
Hi. Look for a video on this subject tomorrow.
"Google Scholar"
Its a tool Google has that is specifically designed to research case law.
Use Claude AI. Changed my life.
Hello please help me write an oppose to motion of dismiss
Hi. You can email me at adjunctlaw@gmail.com.
Have any information of a defense threatening to file this motion while in settlement negotiations?
I do not.
THANK YOU
You are welcome.
Thank you 🙏🏽
You are so welcome!
My response to the court was similar to yours.. it sought dismissal for some reason or another.. i responded that the company was so emphatic they were right, the average person would love their day in court.. so dont fight me.
Thank you for sharing!
Hey, I filed a lawsuit against 3 police officers for lying in a search warrant. The case was dismissed, but they have been harassing me ever since, so i decided to take action. They filed a notice to dismiss, is there any chance i could email you my claim along with their dismissal to get some tips? Thanks!
I can schedule you for a consultation. You may reach me at adjunctlaw@gmail.
@@advocatelucindaSent an email - from Dalton!
Received your email and responded.
How to determine venue? Federal or State?
(Federal) 28 U.S. Code § 1391 - Venue generally : www.law.cornell.edu/uscode/text/28/1391
(State) Read the rules on Venue in the state the matter will be filed. Also, the following article is helpful. www.nolo.com/legal-encyclopedia/state-courts-venue-rules-govern-29656.html
Hello, I enjoyed the video, it is excellent, but was unable to download the sample document. I would appreciate it if you can send me the link. Thank you
Attached is a sample motion to dismiss and response. Best
file:///C:/Users/User/OneDrive/Documents/Civil%20Rights/Research/Motions/Dismiss.pdf
Thanks again
You are welcome.
was wondering if I could set up a zoom with
Hi. Email me at adjunctlaw@gmail.com.
If the complaint was filed on the 91st day due to misunderstanding the filing deadline. Will this cause the case to be automatically dismissed?
Hi. I suppose it would hinge on whether the opposing party files a motion for default, or the Court could,, Sua sponte, find the late filing in default. Read the jurisdictional rules. At any rate, cross that bridge if and when you get there. Should you get there, make your case. Best.
Thank you, they filed a motion to dismiss saying that I filed untimely. They’re doing this because they don’t have much evidence regarding the way I was treated, if any at all. So they’re trying to use a technicality to get my case dismissed. Court procedures say all motions should be 15 pages the judge allowed them to file 25 pages. I followed your video (thanks you are a true queen) and they responded with an additional 15 pages. So me not knowing I responded to their additional response and it was stricken because I needed to file a motion for leave. So I filed it and am waiting to see if it is approved so that I can file a reply.
Hang in there. @@roblebowski6770
Thanks @@advocatelucinda you are truly saving us and our families. I am learning as I go but after reviewing fed. r. civ. p. 6(a) the start of the 90 day time limit to file is the day after someone receives their right to file letter or any type of action. So my motion is timely based on this rule.
So it was no reason to argue for a motion to dismiss for my suit being untimely. Just a tactic to confuse and delay because their is no actual evidence to back up their assertions. Something I definitely will do my best to highlight to the judge. I am very thankful that I found your videos because it is really hard trying to navigate in a federal court. They seize on any mistake to confuse and frustrate pro se litigants.
Your case is alive and that's what matters.
Thank you
You're welcome!
i filed a small claims. The vet had her lawyer pay answer fee on 28th day. then didn't file a answer but had the answer in the motion to dismiss and move to civil. is that allowed?
Hi. The motion to dismiss is not the "Answer" to Plaintiff's Complaint. It is a response, wherein the Respondent is asking the court to dismiss the lawsuit. In the event the court denies the motion to dismiss, then the Respondent must formally respond to the Plaintiff's Complaint, barring any rule that states otherwise. Please read and follow the Civil Rules of Procedure in your jurisdiction, to ensure all requirements are met. Best.
@@advocatelucinda thank you! I just filed a response to the Motion to dismiss the best I could ugh it was complicated
Good for you. Hang in there.
@@thosetruselboys165 how did everything go?
How do I get in touch with you I need your help
Hi. Please email me at adjunctlaw@gmail.com.
Thank u!
You are welcome.
Where can a find this at
Hi. You can watch this video at: ruclips.net/video/LhuquuByunM/видео.html
There all corrupt
No. All judges are not corrupt. In my 28 years practcing law, most of the judes I've gone before were great judges. It's unfortunate that the "bad apples" make the good ones look bad. Best.
I love your heart. ❤️🥹 so muchhh thank youuuu for everything
Thank you. Glad I can help.
Thank You
You're welcome.