But after the time period is over the claim may be dismissed upon
motion by the opposing counsel.
Not exact matches
For example, on one occasion my discussions with
opposing counsel was distorted in a signed declaration
by the
opposing counsel submitted to the Court in support of a
motion that could have adversely affected the outcome of that case for my client.
In other words, a party may present a declinatory
motion for absence of territorial jurisdiction
by way of a letter or other note sent to
opposing counsel.
Maybe the cases cited
by opposing counsel are procedurally distinguishable:
motion to dismiss vs. summary judgment.
On most
motions,
opposing counsel willing, the good judge had agreed to entertain Gregoria Rangel's virtual presence via whichever video conferencing application was recommended
by the two techies.
The moving party is required to confer
by phone or in person with
opposing counsel prior to filing a
motion.
While certain Rule 48 claims can be repaired
by speaking with
opposing counsel or court staff, in larger centres (Toronto especially), repairs require a
motion to set aside the dismissal and reinstate the action.