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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 03-21-2014, 09:36 AM
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bringeron is on a distinguished road
Default Complicated situation.......

I am self-rep'd. Other side has lawyer.

I filed a motion seeking various relief. He responded and I filed a final response. Motion date was set.

He filed a motion, returnable the same day as my motion, seeking relief NOT related to the relief in my motion. Accordingly I requested an adjournment to allow me to respond. Adjournment on consent for both motions.

I filed my response to his motion. And this is where it gets tricky............his final response to HIS motion includes addition information related to MY motion and I cannot respond to it!

We have a scheduled settlement conference and any issues not settled will go forward at an already scheduled long motion.

Can I file another motion asking that the paragraphs in his final response to his motion be stricken from the record, because they do not relate to his motion, but is in fact affidavit evidence he didn't bring forth on my motion?

If I can file another motion, should I do it now, before the settlement conference, or wait until that part of the process is done, but prior to the scheduled long motion?

Help would be greatly appreciated!
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Old 03-22-2014, 02:04 PM
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annapurna66 is on a distinguished road
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According to the Family Law Rules...one of the purposes of Settlement conference is to get direction on how to carry on the case. I would use your SC to get this direction. Be very organized at SC and respectfully assertive in asking for information that you require. I was also SRL and wasn't assertive enough at my SC...other side monopolized conference and none of my concerns were addressed. Good luck.
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Old 03-23-2014, 11:34 PM
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sahibjee is on a distinguished road
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depending on the length of the matter (practically) it may not even matter if you guys are going on the same date. its basically a procedural thing and i judge may even think you are being too litigative by bringing up such a thing. i once filed a response to a response, just like you did, and the judge goes "there was a motion and its response and then there was a response to a response (sarcastically), i won the motion but i think judge didnt like that i responded to the other parties response. i would leave it as it is.
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