motion availability

[littleman]

I served my exes lawyer with papers today and they claim they are unavailable for the secured motion date.......they claim its up to me to schedule it around their availability is this so

[logicalvelocity]

littleman,

I would get a schedule or list of available dates in writing from the lawyer for the next several weeks to hold a motion. I suspect that it is just a delay tactic, However, it is quite possible that the lawyer may be on vacation or has another court date scheduled.

Also keep in mind that motions are only held on certain days of the week.

lv

[Lindsay]

Hi littleman and LV,

In some cities, motions are only held on certain days of the week. In Ottawa, for example, a motion can be scheduled on any day of week. If you aren't sure what days of the week motions are held in your city, it's probably bet to give your FLIC a call before canvassing for dates.

Lindsay

[littleman]

I went to th courthouse yesterday and secured a new motion date......while I was there I happened to meet up with lawyer who heard my situation and advised me to to go ahead to secure new date and note on the form I had to fill out that THEY arent available.......he also stated this looks good for me and that because they gave me available dates and worked around them it looks even better........he also said that if that motion date is declined by respondant there will be many questions from the judge whereas its 2 months away and they gave me that date......now what happens.......I have to fax them the new motion date today and do a form 6b....what do I do now........

[logicalvelocity]

littleman,

I have to agree. It they fail to show up for the motion in-light that you have rescheduled the motion to their schedule, it won't look good on them.

lv

[littleman]

his lawyer has been served new motion date to accomodate them.......now what do I do