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Old 12-15-2016, 11:33 AM
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Default Another uncontested trial question

Hello all, I've been looking at existing threads but this isn't fully addressed.

Date for the respondent's answer has come and gone, and she has ignored the offers of extension. Next step is the From 23C, affidavit for uncontested trial.

Here's my question: how much information is required in this affidavit? Is this the only affidavit they see, or is there a separate one for trial? From what I'm reading it looks like if it's granted, the judge can either decide on a final order in chambers (which would seem to be based on the original affidavit), or ask to see more information in court.

Would you include all of your evidence (in this case for spousal reduction and termination), or is it JUST to move to an uncontested trial, which would then have a separate affidavit? Any help would be appreciated.
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Old 12-15-2016, 08:01 PM
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Quote:
Here's my question: how much information is required in this affidavit?
All of it. In an uncontested trial, the judge will read the 23C affidavit (and 14A if you file one with it), and that is all. What you are filing now is what you need for the uncontested trial.

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or ask to see more information in court.
The judge can request oral testimony. This tends to be either because something unexpected has come up or because the preparation was bungled and the judge is trying to sort it out then and there rather then sending people off to screw it up again.

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Would you include all of your evidence (in this case for spousal reduction and termination), or is it JUST to move to an uncontested trial, which would then have a separate affidavit?
If the Respondent has not responded then you need to have them noted in default, usually at the first appearance date. An uncontested trial is scheduled, for which you prepare the 23C. All evidence goes in since your next date is the uncontested trial.
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Old 12-16-2016, 09:42 AM
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Thank you so much! I really appreciate the detailed answer, which we hadn't found online.
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