That seems strange. I have never heard of it before which does not mean it has never happened previously concerning an original promissory note and mortgage. Normally an ex parte motion is used when a parent is about to flee with the kids or someone is in danger. What does the plaintiff think you are about to do with the promissory note and mortgage that requires immediate action? I would have no idea.
Ok. If I were served with something like this, I would get on the phone and call my lawyer and ask him what I should do. Yes. He charges by the hour. Yes. He is worth it. Yes. I bought title insurance.
Counterclaim under FRCP 13.
They lose
The plaintiff loses.
I am the Plaintiff a Pro Se who submitted Production of Documents and Interrogratory's to the Defendants in a Employment Race Discrimination case. The Defendants refuse to comply with the Court and release to the Plaintiff the Interrogratorys and Production of Documents. The Plaintiff has to write a Motion to Suppress release to the Court in order to get the Court to order the Defendants to complay. How dose the Plaintiff write a Motion to Suppress?
Motion for extension of time or motion for enlargement of time
Either the plaintiff and/or his or her legal representative must be in attendance or the hearing will be dismissed with or without prejudice.
More than a letter - you would have to file a 'motion' with the court to continue the case with yourself in place of the original plaintiff. If the original petitioner died, the court would have to rule that you had legal "standing" to continue the case. If you do not have "standing" then the case dies along with the plaintiff.
The Plaintiff's motion for summary judgment is asking the court to rule on all pleadings that have been filed in the case. This happens if one of the defendants has filed an response or answer. The Plaintiff will usually ask for judgment when filing a motion for summary judgment.
If a party refuses to answer Discovery in a civil case, you can file a Motion to Compel, requesting that the court compel them to answer.
By use of the description "plaintiff" the questioner indicates that the case is a civil proceeding. In this instance if the plaintiff is opposed to a continuance they should object to the motion for continuance, then, it would be up to the judge to decide if the continuance was to be granted.
Absolutely, you can file a motion for reconsideration. However, the judge has the right to decline hearing the motion. If you can prove some unforeseen circumstance prohibited you from being in court you may win.
innocent