Legal Question in Credit and Debt Law in Indiana

I filed a motion to dismiss without prejudice for failure to comply with TR 9.2. The Indiana Court responded that they would give the plaintiff 20 days to comply and the case may be dismissed. 30 days later I filed a Motion to Dismiss with Prejudice because the plaintiff failed to comply with TR 9.2. The court granted the Motion to Dismiss without prejudice but declined the motion to dismiss with prejudice. I know its not final, but I bought some time to prepare because I believe they have to start over again and file another suit. BUT, I JUST RECEIVED in the mail a MOTION TO AMEND from the plaintiff. I thought the plaintiff had to start over again? What should I expect? In the Motion to Amend they also stated they attached the document required to comply with TR 9.2 but nothing was attached. I heard this was common practice, and what can I do about that?

Thanks in advance for you help.


Asked on 5/04/11, 1:30 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

You can present Motion to Strike the motion to Amend since the case was dismissed. You can go to the courthouse and see whether the document was attached to the original pleading in the courthouse. If not, move to dismiss again. If so, make a copy and proceed accordingly.

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Answered on 5/04/11, 8:20 pm


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