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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 02-08-2012, 08:08 PM
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Default What is a pre-emptive motion?

I have read references on this forum about judges imposing pre-emptive motions. What does this mean?
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Old 02-09-2012, 12:05 AM
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Originally Posted by kevindell View Post
I have read references on this forum about judges imposing pre-emptive motions. What does this mean?
It is preemptive on both parties. Basically, both parties have to submit their affidavit materials at the same time and respond at the same time. It is not the traditional Applicant writes affidavit, respondent responds and then applicant responds cycle.

Basically it is both parties exchange affidavit material on the same day... Then they each respond. Basically, it is often done to divide the arguments and see who the reasonable party is.

It gets everything on the table at once. You never know what argument either party is going to throw and it puts both parties on an equal ground.

Draws out lots of cogent evidence generally.

Good Luck!
Tayken
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Old 05-06-2014, 04:04 PM
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This is what I need to do. Sounds like a large mud slinging fest when all I want is to be reasonable and settle. Can most substantiave issues be resolved by judge? (Access). Sounds like a mini trial
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