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Motion To Dismiss Case
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If a case was dismissed due to the opposing partys attorneys absence and later reopened, you can file an objection. Alabama Civil Rule 41(b) may apply for involuntary dismissal due to non-compliance. Alternatively, Rule 46 addresses failure to comply with court orders. For unprofessional conduct, file a complaint with the Alabama State Bars Disciplinary Commission. Consult a local attorney for precise guidance.Full Conversation
can you reword it to sound more like a legal motion to object to the motion for new trial document
Sure, I can assist with that. Here's a reformulation of your letter in a more formal and legal manner:
"TO THE HONORABLE COURT AND OPPOSING COUNSEL:
Pursuant to Alabama Civil Rule *(b), Defendant, Joshua Purvis, hereby objects to the motion for a new trial in case number SM-*-*.*. The original dismissal was due to Plaintiff's nonattendance and no clear reasoning has been provided for its reopening.
The Plaintiff's and their attorney's failure to adhere to court protocols including the scheduling and rescheduling of court dates, has resulted in undue burden on the Defendant, whose livelihood requires ongoing, round-the-clock commitment.
Therefore, Defendant respectfully submits this motion, requesting the Court to consider dismissal of the case due to the Plaintiff's unprofessionalism and nonattendance. Alternatively, Defendant seeks compensation for time lost due to the Plaintiff's negligence.
Respectfully submitted,
Joshua Purvis"
"TO THE HONORABLE COURT AND OPPOSING COUNSEL:
Pursuant to Alabama Civil Rule *(b), Defendant, Joshua Purvis, hereby objects to the motion for a new trial in case number SM-*-*.*. The original dismissal was due to Plaintiff's nonattendance and no clear reasoning has been provided for its reopening.
The Plaintiff's and their attorney's failure to adhere to court protocols including the scheduling and rescheduling of court dates, has resulted in undue burden on the Defendant, whose livelihood requires ongoing, round-the-clock commitment.
Therefore, Defendant respectfully submits this motion, requesting the Court to consider dismissal of the case due to the Plaintiff's unprofessionalism and nonattendance. Alternatively, Defendant seeks compensation for time lost due to the Plaintiff's negligence.
Respectfully submitted,
Joshua Purvis"
thats really good but can you make it sound even better
Sure, here's a revision to enhance the professionalism and legal tone:
"TO THE HONORABLE COURT AND COUNSEL OF RECORD:
Under the authority of Alabama Civil Rule *(b), the Defendant, Joshua Purvis, formally opposes the motion for a new trial in relation to Case No. SM-*-*.*. The initial dismissal occurred due to the Plaintiff's failure to appear, and the grounds for reopening remain ambiguous.
The Plaintiff and their legal representative's disregard for court-sanctioned obligations, inclusive of court scheduling and rescheduling, has imposed an unwarranted encumbrance on the Defendant, whose occupation demands continuous, round-the-clock engagement.
Hence, the Defendant respectfully presents this motion, urging the Court to contemplate dismissal of the case, attributing to the Plaintiff's lack of professionalism and nonattendance. Alternatively, the Defendant requests recompense for time and productivity lost owing to the Plaintiff's negligence.
Respectfully submitted,
Joshua Purvis"
"TO THE HONORABLE COURT AND COUNSEL OF RECORD:
Under the authority of Alabama Civil Rule *(b), the Defendant, Joshua Purvis, formally opposes the motion for a new trial in relation to Case No. SM-*-*.*. The initial dismissal occurred due to the Plaintiff's failure to appear, and the grounds for reopening remain ambiguous.
The Plaintiff and their legal representative's disregard for court-sanctioned obligations, inclusive of court scheduling and rescheduling, has imposed an unwarranted encumbrance on the Defendant, whose occupation demands continuous, round-the-clock engagement.
Hence, the Defendant respectfully presents this motion, urging the Court to contemplate dismissal of the case, attributing to the Plaintiff's lack of professionalism and nonattendance. Alternatively, the Defendant requests recompense for time and productivity lost owing to the Plaintiff's negligence.
Respectfully submitted,
Joshua Purvis"
“MOTION TO OBJECT TO CASE REOPEANING “
IN THE DISTRICT COURT OF CONECUH COUNTY, ALABAMA
CASE NUMBER: SM-*-*.*
Farm systems INC – Plaintiff
v.
Joshua Purvis – Defendant
Dear Honorable Judge,
I respectfully Write to you regarding my case, which was recently reopened. Originally, the case was dismissed due to the plaintiff’s absence. It is unclear why it has been reopened as both parties received the same notifications. The plaintiff and his attorney’s failure to communicate or remember their scheduled court dates is not my responsibility. Their failure to call and request rescheduling of a new court date as stated in the court documents seems due to their own miscommunication and unwillingness to follow court rules and procedures. The plaintiff’s absence, resulting from there councils’ oversight, has imposed on my work and wasted my time. My livelihood, which is running and managing two poultry houses, requires my constant round the clock and * hr on-site commitment. It’ makes it extremely challenging for me to attend court as its mandatory for my on-site presence especially after I received a new batch of birds on July *, *. I respectfully request for the court to grant my motion to dismiss the case on Alabama Civil Rule *(b) due to their lack of unprofessionalism and attendance, or alternatively I should be recompensated for the lost time from my round-the-clock job due to their negligence.
Sincerely,
Joshua Purvis
can you make this sound more professional court objection to the motion in alabma and check that the law stated is correct for the resaons provided
Sure, here's a revised version of your letter:
"TO THE HONORABLE COURT OF CONECUH COUNTY, ALABAMA,
RE: OBJECTION TO CASE REOPENING - CASE NUMBER: SM-*-*.*
The Defendant, Joshua Purvis, respectfully submits this objection concerning the recently reopened case. The original dismissal was due to the Plaintiff's absence, and the grounds for reopening remain ambiguous.
The Plaintiff and their counsel's failure to adhere to court schedules and procedures, including the necessary request for rescheduling, has imposed unwarranted burdens on the Defendant. As a business owner requiring constant supervision of two poultry houses, court attendance poses significant challenges.
Pursuant to Alabama Civil Rule *(b), the Defendant respectfully requests the Court to consider dismissal of the case due to the Plaintiff's unprofessional conduct and nonattendance, or alternatively, seeks compensation for lost time due to the Plaintiff's negligence.
Respectfully submitted,
Joshua Purvis"
Please consult a legal professional in Alabama to confirm the use of Alabama Civil Rule *(b) in this context.
"TO THE HONORABLE COURT OF CONECUH COUNTY, ALABAMA,
RE: OBJECTION TO CASE REOPENING - CASE NUMBER: SM-*-*.*
The Defendant, Joshua Purvis, respectfully submits this objection concerning the recently reopened case. The original dismissal was due to the Plaintiff's absence, and the grounds for reopening remain ambiguous.
The Plaintiff and their counsel's failure to adhere to court schedules and procedures, including the necessary request for rescheduling, has imposed unwarranted burdens on the Defendant. As a business owner requiring constant supervision of two poultry houses, court attendance poses significant challenges.
Pursuant to Alabama Civil Rule *(b), the Defendant respectfully requests the Court to consider dismissal of the case due to the Plaintiff's unprofessional conduct and nonattendance, or alternatively, seeks compensation for lost time due to the Plaintiff's negligence.
Respectfully submitted,
Joshua Purvis"
Please consult a legal professional in Alabama to confirm the use of Alabama Civil Rule *(b) in this context.
whT CIVIAL RULE IN THIS CONTEXT SHOULD BE USED
Alabama Civil Rule *(b) is used for involuntary dismissal of a case due to a party's failure to comply with the rules or court order. However, for your situation, you may want to consult a local attorney to ensure it's the correct rule to apply.
what rule would apply in al to a lawyer not showing up to a courtdate he claims he didnt know then he claims that the judge would not let him leave but failed to contact the courts to reschule that courtdat
Under Alabama law, the failure of the lawyer to appear may be covered by Rule * of the Alabama Rules of Civil Procedure, which deals with failure to comply with a court order. However, it's recommended to consult with a local attorney for precise guidance.
what is rule * of the alabama rules of civial procedure
Rule * of the Alabama Rules of Civil Procedure deals with exceptions unnecessary and states that "Formal exceptions to rulings or orders of the court are unnecessary." It further explains the procedure for preserving claims of error for appeal. You should consult a local attorney to fully understand how this rule applies to your situation.
what rule in cival procider in alabama hold up to a lawyer not doing his job the correct way and using the laws to turn them in his favor
The Alabama Rules of Professional Conduct Rule *.* states that a lawyer should not bring or defend a proceeding unless there is a basis in law and fact. If an attorney is not acting professionally, you could file a complaint with the Alabama State Bar's Disciplinary Commission.
what if a attonrny is using the laws to get court dates reopened because he failed to notify and reschual to bend in his favoe
If an attorney is not upholding their duties or manipulating the law, you can file a complaint with the Alabama State Bar's Disciplinary Commission. It's recommended to consult with a local attorney to help guide you through this process.
in alabama on a court case that was closed for him not showing up
Could you please clarify if the attorney who didn't show up represents you or the opposing party? And was a reason given for the case being reopened?
the oposing party
In Alabama, if a case was dismissed due to an attorney's absence and later reopened, it may be due to a motion being filed by the absent attorney. You can challenge this by filing a response or objection. It would be best to consult with a local attorney to guide you.