no show at case conference

[peterr]

HI,
I am wondering what happens if the other party does not show up at the case conference. The lawyer from the other party has been using delay tactics to cause me financial loss. If the other party doesn't show up, i assume that the case conference has to be rescheduled, but i also have to pay my lawyer for his wasted time being there. what can be done to make the other party show up, and can i hold that against them if they don't?
thanks

[HammerDad]

Ask the court to reimburse you for your costs of the action. If they are being unreasonable and unnecessarily delaying matters, the court will more then likely grant you some relief.

[ohsolost]

At my case conference my lawyer didn't show up. The Judge said "too bad" and carried on. As I understand it a case conference is mostly a formality to determine if the case should proceed to court.

Originally Posted by peterr

HI,
I am wondering what happens if the other party does not show up at the case conference. The lawyer from the other party has been using delay tactics to cause me financial loss. If the other party doesn't show up, i assume that the case conference has to be rescheduled, but i also have to pay my lawyer for his wasted time being there. what can be done to make the other party show up, and can i hold that against them if they don't?
thanks

[peterr]

But what if neither the other lawyer and nor his client show up? then what? we basically sent them a list of dates to pick from based on their availability, but have'nt heard back from them for more than two weeks now. what happens if my lawyer books a date and they don't bother to show up.

[logicalvelocity]

Perhaps, Summary Judgement may be in order.

[tugofwar]

Logical, can you explain this further? It might pertain to my case as well...

[tugofwar]

Originally Posted by peterr

But what if neither the other lawyer and nor his client show up? then what? we basically sent them a list of dates to pick from based on their availability, but have'nt heard back from them for more than two weeks now. what happens if my lawyer books a date and they don't bother to show up.

Are they just not responding? What are the reasonings behind the delay?
I would go ahead and tell your lawyer to book a date. Send them the scheduled date and that you will be proceeding with or without them. Then ask the court for full costs of time to prepare for the conference and for your lawyers time being there.

They can't continue to not show up or delay without valid reason. Keep going forward.

[logicalvelocity]

If they were adequately served and failed to file material,failed to appear, in person, or by agent gives indication that they are perhaps not interested in participating in the matter concerning themselves. Rule 16 is an option.

[Kenny]

No shows and missed filing deadlines are the norm with my ex. I have had 100% full custody of my two kids since August 2009 and am still trying to get support. The no shows are:

Response and Answer - she missed the deadline.
First Appearance - no show.
(Second) First Appearance - no show.
Uncontested Trial - she stopped with a faxed letter to the court office.
Case Conference filing - she missed the deadline.
Case Conference - judge allowed her to attend via teleconference but she hung up half way through.

Finally she responded to my original claim and will, hopefully, be getting a trial early in 2011.

The point here is sometimes the court grants huge latitude to respondents. At the end of it, if the respondent has made significant efforts to derail the process, they will be awarded the applicant's legal costs in part.

The Family Law Rules themselves are open to much discretion as are the courts in using them.

[peterr]

Kenny,
Thanks for your input. Our divorce court system really needs an overhaul. This is just ridiculous that one party can delay the legal proceedings to this extent. I personally think there should be jail time imposed on parties which choose to delay the proceedings intentionally.

As for my case, the other party's lawyer as usual waited till the last minute of the deadline to respond to us. so now we have a case conference date set for December.

An interesting foot note that I saw in Form 17: Conference Notice reads the following:

"If you do not participate as set out above, the case may go on without you or the court may dismiss the case".

this is open to interpretation. If the case goes on without the other party, i guess it can be labeled as an uncontested divorce. as for the court dismissing the case, I am not sure what to read into that. does it mean that the party that shows up has won the case, or that everyone is back to square one?