Legal Question in Civil Litigation in Indiana

Elderly defendant wants to move to trial

My mother is 81 years old. She and several elderly neighbors are being sued. The palintiff has been dragging this out for over two years. It still has not gone to trial although he keeps threatening. He has filed and it is in thc court for over a year. Still no trial date. Is there an argument that can be made to make him get on with it because they are elderly and some are ill?


Asked on 11/10/06, 11:12 am

1 Answer from Attorneys

Voyle A. Glover Attorney at Law

Re: Elderly defendant wants to move to trial

Hopefully, these ladies are represented by counsel. My answer assumes this is true. If that is not the case, please advise by email and I'll give you a different response.

1. The attorney who represents these ladies, the defendants, has the ability to file a Trial Rule 41(E), which is a motion to dismiss. However, sometimes it is not in the best interests of the client to file that. Lots of factors here and I would not want you to second guess their counsel on this.

2. If there is vital testimony that needs to be preserved before any of the defendants passes away or becomes incapacitated, then a deposition should be done. This may have already been done and if so, it may be that their attorney feels it is to their advantage to remain quiet and leave things alone for now.

3. They need to ask to speak with their attorney and have him or her explain what is going on in the case. I'm sure that would not be a problem for him or her. Sometimes lawyers get so busy they do forget to advise the client as to the case status, especially when there is nothing much to advise.

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Answered on 11/10/06, 2:45 pm


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