Motion for Retrial After Judgement

[WesCake]

My question involves court procedures for the state of Minnesota

Background:
Last March (2011), after our case was filed, the court sent us an Order of Trial letter stating that the trial date would be any day with in a 5 week window the following fall and they can call the case with 4 hour notice. It also required notice if either party moved, had a conflict during that window and to provide contact phone number. None of this information was provided by the defendants. They did respond to our questions and singed a Joint Statement of Case in late August. They knew of the case and the pending trial window.

Neither defendant showed up for the trail in late September. Two weeks later, they sent a letter the judge stating that they had moved and did not receive the letter from the court scheduling the trial. The judge's clerk responded that the letter did not follow appropriate procedure and a actual motion must be filed. They never filed a motion. We received a judgment on December 30, 2011. It is my understanding they had 60 days to appeal. We waited until day 61 to send them an email requesting they pay us before we try and collect (ugggggg). He responded that they intend to file a motion for a "retrial" this week.

Questions:
Can they do that? Could it succeed? What I am afraid of is that they can drag this on and get us to spend more money and time. Any thoughts would be greatly appreciated.

[cmre3456]

Yes, anyone can file a motion for just about anything. Whether it will succeed is up to the judge. If they do file such a motion, it's up to you to respond to it in the form of a response to motion. Your response would spell out with specificity why, under the law, they are too late and that the motion should be denied.

[WesCake]

OK, thanks for your response. That is what I was afraid of.

A few follow up questions if you don't mind:
Will I need to go back to court to contest their motion? Is there some disincentive, other than a filing fee, to prevent them from continuously filing motions?

[cmre3456]

If they file a motion for retrial, you must file an answer to that motion or risk defaulting. It would be an "answer in objection to the defendant's motion dated..... Case#.....", and would be composed in the form of a motion.

If they file that motion and you answer it in opposition and you prevail, you could yourself claim that further motions on their part (if they file them) are frivolous and file a "motion for sanctions as the court deems appropriate" together with your actual answer. Again, how that goes for you is up to the judge. Just don't ever fail to answer a motion, answering with substance.

[WesCake]

Thanks again. We'll make sure to answer. I am glad to hear that there is a least a tool to stop them from filing motions without merit.

[cmre3456]

You're welcome. I hope I was clear on one thing. You always answer every motion, and you make sure you serve a copy of your answer upon the other party. Ask the court clerk how to serve. I don't have time to look it up for your court, but often 1st class mail is enough. Obviously you also file it with the clerk. Take an extra copy to have stamped for a receipt.

You always put a statement of proof of service at the bottom of every motion or answer. "I certify I served a copy of this........ to .......... on..date....by placing it in the us mail with proper postage attached" sort of statement and sign and date it.

You might need a process server the first time, so check. I'd be surprised, but you don't want to lose over improper service.

If you have to file a motion for sanctions, it would be in addition to answering the actual frivolous motion.

In many courts, there's no additional fee for filing motions or answers, but you'll find out when you take your answer to the clerk, LOL.