The most frustrating part when one is counsel for the plaintiff is when the plaintiff is held hostage by the defense.
This comes about when the defendse will file all sorts of motions just to delay the proceedings.
The plaintiff becomes hostage because if the plainitff opposes the defense's motion, then naturally this would have to take time for the court to resolve.
This distracts the normal course of the proceedings.
This morning I tried to oppose a motion by the defense who filed a motion for leave to file an amended answer.
The judge began to lecture and said better not oppose it because if you do, then the proceedings will further be delayed.
Good point judge.
However, since what was scheduled this morning was for pre-trial, I suggested to the judge that since we are all interested in speedy proceedings, I will withdraw my opposition to the motion and the judge just there and then admit the answer. I further suggested that right after admitting the answer, we immediately proceed to pre trial today because anyway what was scheduled was for pre-trial and the plaintff was ready. Besides, the defense did not ask for a cancellation of the pre trial whe it filed the motion tfor leave to amend their answer.
The defense was quick to the draw and said, "your honor we still need to amend the pre-trial brief."
Well, the day ended when the judge just reset the pre trial to another date.
The plainitff will always be held hostage by the defense during the proceedings.
The plaintiff must always be prepared to counter the usual delaying techniques of the defense.
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