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I was a partner in a nightclub but due to the problems I was having I withdrew from the partnership. I filed a civil lawsuit to attempt to get my capital investment and percentage due me. The respondent responsed denying everything. Because I am handling this on my own, the clerk said I now needed to ask the judge for a hearing. Is there a particular format I should do this in.
How did you "withdraw" from the partnership? Did you follow the partnership statute in whichever state you are located?Quote:
Originally Posted by Joicee1
If the "pleadings" (complaint, answer, etc.) are completed, and you are not interested in engaging in discovery, I suppose you next step is to get a trial scheduled. Has either side asked for a jury trial?
To answer your question, hearings are usually not scheduled in the absence of some sort of pending motion. An exception to that would be (in some jurisdictions at least) a status conference. Ask for one, or file a motion to set case for trial and then request a hearing on that motion.
You would be well advised to find a set of the civil rules for the particular court you are in, and read/understand them.
Thanks for answering my question on a previous post (Post 2404822) regarding a civil lawsuit I filed. I wanted to know the next step since the respondent has filed and as such denied all allegations except the amount of capital I put into the partnership. Since I do not have any records regarding the assets/liabilities dealing with the business I would like to obtain all the information to date on the business to ensure I received what is rightfully owed to me. Would I ask for a "motion" for discovery, or request to produce. If either, how would I prepare this document. I do not have an attorney and I do have the rules for civil law procedures, but it is still a bit confusing. Please help. Thanks
I have asked that this be combined with your original question. Otherwise, it is difficult to know what you are asking.
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