What Will Happen if the Defense Attorney is Not Ready for Trial? NY Medical Malpractice & Personal Injury Attorney Gerry Oginski Explains
516-487-8207
Email: Gerry@Oginski-Law.com
The judge asks both attorneys "Counselors, are you ready for trial?"
I answer "Yes Judge, I'm ready," responding on behalf of the injured patient.
The defense attorney clears his throat and quietly says "No Judge, I'm not ready..."
What happens then?
Isn't your trial supposed to proceed forward?
Didn't the judge say that both attorneys need to be ready to pick a jury the next time we appear for a court conference?
Are there any negative consequences to one side saying they're not ready for trial?
The short answer is that yes, there could be.
The longer answer is 'it depends'.
The defense attorney might offer up an excuse such as "Judge, I'm schedule to go on vacation next week."
Or, "Judge, my expert is away in Europe for three weeks starting tomorrow. There's no way he'd be back in time to testify in this case..."
Or, "Judge, I was just assigned this case for trial and have not had a chance to fully go through it yet..."
Or "Judge, my client and the insurance company think we can settle this matter. I just need "X" more days or weeks before I can get authority to try and settle..."
Or, "Judge, I have two other cases I am scheduled to try first. I have to try those cases first and as soon as I'm done with that, I can try this case..."
There are many reasons and many excuses an attorney can give the judge for why he might not be ready for trial. Hopefully, whatever reason he provides the court is true, and it usually is.
However, there are instances where the judge is fed up.
He's fed up with the delays.
He's fed up with deadlines that have been ignored.
He's tired of listening to excuses by one or both attorneys.
He's now given the attorneys an ultimatum.
"GO PICK A JURY NOW COUNSELOR OR I'M STRIKING YOUR ANSWER!"
Watch the video to learn what happens...
Have questions about your matter? If your matter happened here in New York and you have not yet started a lawsuit, call me. I can answer your legal questions. This is what I do every day and would love the opportunity to chat with you. You can reach me at 516-487-8207.
Law Office of Gerald Oginski
35 South Drive
Great Neck, NY 11021
516-487-8207
Email: Gerry@Oginski-Law.com
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