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Attorneys for Huntsville abortion clinic submitted court documents late in 'Baby Roe' case

Judge Chris Comer gave each side 14 days to submit their documents, with Wednesday being the deadline.

Posted: Aug 9, 2019 6:08 PM
Updated: Aug 9, 2019 7:10 PM

Attorneys for the Alabama Women's Center in Huntsville officially submitted the necessary court documents two days late in the landmark "Baby Roe" case.

Judge Chris Comer gave each side 14 days to submit their documents, with Wednesday being the deadline. The attorney for the plaintiff submitted the document on time. Both sides get right to the point in their proposed orders, asking for the judge to sign on the dotted line to either dismiss the case or allow it to continue.

Nick Lough, a Huntsville attorney, is not working on the case, but says a proposed order is common in any type of case, whether civil or criminal. 

"The way that I see a proposed order is it's the last opportunity for you to argue your case and why it should have the outcome that it should have," Lough said. 

Attorneys in the lawsuit against the Alabama Women's Center in Huntsville were asked to submit proposed orders two weeks after a motion hearing in late July.

"A judge is going to set a deadline in anything. It's not just proposed orders. There are deadlines for all kinds of court documents," Lough said. 

The lawsuit stems from the plaintiff, Ryan Magers, who says the abortion clinic is responsible for the wrongful death of his unborn baby. Magers says the clinic provided an abortion he never wanted his girlfriend to have, and the unborn fetus, Baby Roe, deserved to live.

A probate judge granted personhood to the unborn fetus in March, giving him or her rights. Magers' attorney submitted his proposed order on August 5th. The defense did not submit the document until Friday, 48 hours after the deadline.

WAAY 31 asked Lough what happens if a deadline is missed. 

"What happens when you don't meet a deadline? Well, it kind of depends. There is no clear cut answer on that," Lough said. 

An attorney involved in the case says a judge can see it in many different ways, but it is unclear what impact, if any, it will have. It is unclear when Judge Comer will make his decision. He mentioned in court, he expects there to be an appeal no matter what he decides.

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