Legal Question in Personal Injury in Missouri

plaintiff has to appear?

plaintiff wants case dropped,

plaintiffs attorney withdraws from case.motion to compel hearing scheduled for defendent, does plaintiff have to appear or seak new council?


Asked on 9/21/06, 1:16 pm

2 Answers from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

Re: plaintiff has to appear?

Your post is very unclear. Are you the plaintiff? Are you the defendant? Did you fire your lawyer? Why did the lawyer withdraw? What exactly is scheduled for a court appearance? Did the defendant file a counterclaim? A plaintiff has the right to dismiss his or her lawsuit at any time, generally, but if the defendant has filed a counterclaim, that claim may proceed even after the plaintiff dismissed the initial lawsuit. Normally, a plaintiff who's attorney has been allowed to withdraw by the court can file a dismissal without an attorney, but I would strongly suggest getting some legal advice before you take any action.

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Answered on 9/22/06, 11:23 pm
David Davies Law Office of David H. Davies

Re: plaintiff has to appear?

Need to have a little more information. Why did attorney withdraw from the case? If the case has not been dismissed, the court could dismiss the case if you do not show up for the hearing. It may be a good idea to dismiss the case voluntarily but timing is very important. Bottom line? If you want to be able to pursue your claim you should talk to another attorney as soon as possible. I have been representing injured people for over 30 years. I will be happy to discuss your situation with you if you give me a call or send me an email with your contact information. No charge for the call and no obligation.

regards

DHD

Justice Is No Accident!

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Answered on 9/21/06, 11:15 pm


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