Legal Question in Civil Litigation in California

Can I add myself later on a lawsuit?

I am planing to help to file a lawsuit in Proper in my ex-husnand's name. I was also a injured party in the same matter and my name will be mentioned in the lawsuit but not as a plaintiff. I want to file only in his name because he qualifies for a fee waiver,I don't.

I would like to know if I can add myself later on the lawsuit, if neccesary.The statute of limitation will ran out on March 9, 2009.If I don't find a lawyer to represent him I may have to do that so I can personaly argue the case. Please let me know if I will not have a problem doing that later then March 9, 2009.


Asked on 2/22/09, 2:17 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Can I add myself later on a lawsuit?

Let me parse this. You think your ex-husband has a lawsuit against somebody, and so do you. You think the statute of limitations is up in 15 days, but you haven't consulted a lawyer yet. You have waited perhaps 716 days so far since the date of the incident without doing anything; in the meantime, your memories of the incident, and those of the other witnesses, have faded and other evidence may now be unavailable. Your idea of how to address the situation is to start practicing law without a license on behalf of your ex-husband. You think the court will let you "personally argue the case" on behalf of your ex-husband (it won't). You don't want to file for your own injuries until when, after the statute has lapsed? Is this really the first time you have sought the advice of a lawyer?

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Answered on 2/22/09, 2:29 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can I add myself later on a lawsuit?

You cannot represent your ex-husband. Only he can do so. RUN to seek legal assistance.

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Answered on 2/22/09, 2:47 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Can I add myself later on a lawsuit?

If you are going to become a plaintiff you must do so before the statute runs. Even then, you will only be able to argue on your own behalf. Trying to represent your husband would be practicing law without a license, which is illegal.

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Answered on 2/22/09, 8:53 pm


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