Legal Question in Medical Malpractice in Arizona
Does appeal stop district court action?
I appealed a district court order denying my request for counsel in a medical malpractice claim. The U S marshal served the papers on the defendants for me and copy 3 of USM form 285 says the clerk of the district court was notified of the service. The district court judge's order says I must notify the court when service is completed. Does the marshal's form 285 do this so I don't have to duplicate the notice? Also, the judge's order says that within 10 days of notice of completion of service, I must request the court to set a case management conference date. Does my appeal stop my need to request this conference? If possible, I would rather wait until I see if the appeals court will reverse the district court order and allow appointment of counsel.
1 Answer from Attorneys
Re: Does appeal stop district court action?
There is no authority for the appointment of counsel in a civil action, nor is there any need for same. Civil actions such as you describe are commonly taken on a contingent fee basis, so the client does not have to come up with large sums of money. You would serve your interests better to contact a medical malpractice lawyer in your town. The AZ Bar Association will provide a list of lawyers and references if you don't know any.
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