Sunday, May 22, 2016, 10:26 PM
Posted by Administrator
In a state court civil lawsuit here in Florida.....whether it is a divorce, a PI case, collections.....21 days after the last required pleading has been filed, either of the parties can file a Notice For Trial and.......the stars being properly aligned, wood knocked on, and salt thrown over the shoulder.....the judge's assistant will send out an Order Setting Trial with some hint of when the actual trial will be. So, Complaint-Answer and Counterclaim and Answer to Counterclaim + 21 days and it's time to file a Notice For Trial.

Though it is an imperfect world, 9 times out of 10, on the date set for trial, the case will be over. It will be settled beforehand, abandoned, or tried. Unless the case gets set for trial, it will go on forever and ever and ever. Some lawyers are smarter than me (okay, most are but by smarter-than-me but in this context, I mean some are chicken-shits) and don't set the case for trial. I frequently ask bankruptcy clients with personal injury cases pending (the recovery will be an asset of the "debtor's estate) if their injury lawyer had noticed the case for trial and, always, they have no idea what I'm talking about. They were injured 2, 3, 4 years ago and they don't have a trial date? Either their lawyer is generally afraid of going to trial or they've got a crappy case.

Anyway, my point is not to criticize but rather to mention that one good thing about our system is that if a case can't be settled (and, the system does coerce us to try to settle), one day we'll have a trial and that will wrap it up....a judge or a jury will decide things. Trials aren't pleasant but they can be quick and, rarely, does anyone drop dead or get killed during one.

So, when your case has got you down....when your life is on hold because of seemingly endless litigation....when our legal system has made things dark and dreary.....get yourself a trial date-----see the light at the end of that tunnel.

...And, quoting the late, great Irving Younger (in his time, America's greatest Continuing Legal Education lecturer.....former law professor, lawyer, judge): "So, if you win you go across the street and have a drink.", he said....."....and, if you lose, then you have two."
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