Can an amended motion for preliminary injunction be filed?

[User23]

What is the name of your state (only U.S. law)? New York State.
My attorney filed a motion for temporary injunction in New York State. Opposition filed an answer. My attorney then submitted a written reply. The motion was then marked “Fully submitted”. The court indicated there will not be any oral arguments. There was a number of relevant arguments and facts the lawyer omitted in his submissions. I asked the lawyer to make another submission, or request oral hearings, or make an amended motion for preliminary injunction. The lawyer told me that it cannot be and that the only thing we can do is to wait for the court’s decision and then we will have to appeal the court’s decision. Is that correct? Or is it possible to make a request for oral arguments, or to file an amended motion for preliminary injunction?

 

[quincy]

What is the name of your state (only U.S. law)? New York State.
My attorney filed a motion for temporary injunction in New York State. Opposition filed an answer. My attorney then submitted a written reply. The motion was then marked “Fully submitted”. The court indicated there will not be any oral arguments. There was a number of relevant arguments and facts the lawyer omitted in his submissions. I asked the lawyer to make another submission, or request oral hearings, or make an amended motion for preliminary injunction. The lawyer told me that it cannot be and that the only thing we can do is to wait for the court’s decision and then we will have to appeal the court’s decision. Is that correct? Or is it possible to make a request for oral arguments, or to file an amended motion for preliminary injunction?

Why don't you trust your attorney?

 

[User23]

Why don't you trust your attorney?

It is not a question of trust. It is a question of law and court procedures.
Lawyers make also mistakes.
Do you have an answer to the question?

 

[Zigner]

It is not a question of trust. It is a question of law and court procedures.
Lawyers make also mistakes.
Do you have an answer to the question?

Ask your attorney. If you're are not comfortable with your attorney, seek out another attorney. Yes, that's an answer to your question.

 

[User23]

Ask your attorney. If you're are not comfortable with your attorney, seek out another attorney. Yes, that's an answer to your question.

That was no helpful answer. Besides, that was answer about being comfortable with an attorney, something that was not asked. If it turns out that he gave me the wrong answer, you can bet your bottom Dollar that I will get another attorney. But first I have to verify it, in order to be fair. Change of attorney is not a matter to be taken lightly. Is anything wrong with seeking second opinion? Remember the good old saying, measure twice and cut once.

 

[latigo]

It is not a question of trust. It is a question of law and court procedures. . .

Right! There is no doubt but what "law and court procedures" are involved here.

But what you seem unilling to accept is that the presiding judge is charged with the authority of interpreted those laws and procedures as they apply in his courtroom.

If he says enough is enough, he neither needs or wants further input from counsel, he will rule on the record as it now stands, there isn't a bloody thing the lawyers can do about it. Understand?

If you want somebody to piss the judge off, it looks like you'll need to drop this one and hire another willing to do that. And I wish you good luck in the endeavor.

 

[User23]

Right! There is no doubt but what "law and court procedures" are involved here.

But what you seem unilling to accept is that the presiding judge is charged with the authority of interpreted those laws and procedures as they apply in his courtroom.

If he says enough is enough, he neither needs or wants further input from counsel, he will rule on the record as it now stands, there isn't a bloody thing the lawyers can do about it. Understand?

If you want somebody to piss the judge off, it looks like you'll need to drop this one and hire another willing to do that. And I wish you good luck in the endeavor.

The question was simple, "if a motion for preliminary injunction can be amended?"

 

[quincy]

The question was simple, "if a motion for preliminary injunction can be amended?"

Apparently it is not possible in your situation. The judge has already made that determination and your attorney has already informed you of that fact.

Your simple question was answered by your attorney. We are not going to second guess what he told you as he has access to all of the facts.

I suggest you wait for the court's decision, as advised by your attorney.

 

[latigo]

The question was simple, "if a motion for preliminary injunction can be amended?"

And the answers have been equally simple. If the judge rules that this particular motion CANNOT BE AMENDED or supplemented then it CANNOT BE AMENDED or supplemented!

Talk about anvil heads, geez !

 

[quincy]

And the answers have been equally simple. If the judge rules that this particular motion CANNOT BE AMENDED or supplemented then it CANNOT BE AMENDED or supplemented!

Talk about anvil heads, geez !

My response was nicer than yours.

 

[User23]

And the answers have been equally simple. If the judge rules that this particular motion CANNOT BE AMENDED or supplemented then it CANNOT BE AMENDED or supplemented!

Talk about anvil heads, geez !

It was nowhere written hat a judge ruled that the motion cannot be amended. If he ruled so, the question would be irrelevant. Judge has nothing to rule about, until such motion is submitted.

Talk about shortsighted anvil heads

 

[quincy]

It was nowhere written hat a judge ruled that the motion cannot be amended. If he ruled so, the question would be irrelevant. Judge has nothing to rule about, until such motion is submitted.

Talk about shortsighted anvil heads

I don't think latigo used the word "shortsighted."

You said the judge said there will be no oral arguments and the file was marked fully submitted and your attorney said you must now wait for the judge's decision. You apparently can appeal if you are unsatisfied with the decision.

I see no reason for you to not trust your attorney.

 

[latigo]

It was nowhere written hat a judge ruled that the motion cannot be amended. If he ruled so, the question would be irrelevant. Judge has nothing to rule about, until such motion is submitted. Talk about shortsighted anvil heads

Try this on for size Mr. whining wisenheimer:

rule / 13. Law: "An order or direction made by a court regulating court practices, or regulating the action of parties in special cases!" *

________________________________


[*] Source: Webster's New International Dictionary of the English Language - page 2182 (Emphasis added)

 

[HighwayMan]

It was nowhere written hat a judge ruled that the motion cannot be amended.

What most people do not realize is that judges (at least in NY) have their own set of rules specifiying how things work in their particular court room, which the attorneys need to be familiar with. My GF is a matrimonial/family law attorney and confronts this in court all the time - different judges have different things that they allow and different procedural rules that they expect to be followed in their parts.

I'm guessing that there is nothing specified in any statute regarding filing amended motions in cases like yours - so you are stuck with the way this particular judge requires business to be conducted in his court room.