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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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Old 05-27-2014, 04:51 PM
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Default how do I file and get adjournment without consent

I need to adjourn Trial Management conference and ex won't agree because I my reason is due to getting a lawyer at this stage. Lawyer needs 2 weeks to read file and get caught up and Ex is trying to block this to his advantage.

how can I adjourn TMC without consent? What forms? Do I still have to appear on date scheduled if I have asked for adjournment?

There isn't much info online regarding this issue.

Thanks for help.
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Old 05-27-2014, 04:54 PM
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I need to adjourn Trial Management conference and ex won't agree because I my reason is due to getting a lawyer at this stage. Lawyer needs 2 weeks to read file and get caught up and Ex is trying to block this to his advantage.

how can I adjourn TMC without consent? What forms? Do I still have to appear on date scheduled if I have asked for adjournment?

There isn't much info online regarding this issue.

Thanks for help.
Um, if you have a "lawyer at this stage" then your lawyer, not you, should be making the request. Not sure why your lawyer whom you have retained and is the reason the matter needs to be delayed isn't handling this and you are?!

Your lawyer should go to the TMC that is schedule and request a reasonable extension in the matter. Now that you have counsel there isn't much you should be doing yourself really...
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Old 05-27-2014, 05:00 PM
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Tayken..I agree with you 100%. however, after paying my lawyer $1000 to consult etc he informed that he is unavailable to go on record until June 20th or so and I am doing the leg work until he is on record as counsel. I don't want to get into the whole "lawyer" issues. I have very emotional feelings regarding the legal profession however the stage I am at I feel I had no choice other than to retain counsel to bring an end to a very painful, emotional separation and divorce for the sake of my children. I am cautiously optimistic that once this lawyer is on record we will make a bit more head way. I just need help to buy the time to get the lawyer on record to represent.
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Old 05-28-2014, 02:33 PM
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Tayken..I agree with you 100%. however, after paying my lawyer $1000 to consult etc he informed that he is unavailable to go on record until June 20th or so and I am doing the leg work until he is on record as counsel.
You can't have the cake and eat it too though.

If you want an adjournment so your lawyer can get up to speed then you will need to demonstrate you have retained a lawyer. This is done by filing and serving a Form 4: Notice of Change of Representation. But, you are unable to produce the necessary evidence to court until you pay the lawyer a retainer and actually RETAIN the lawyer who then subsequently fills out and files the Form 14.

My recommendation would be not to go to court to suggest that you need a delay because you retained a lawyer and said lawyer needs time to catch up on the file. The Judge will look you straight in the eye and ask where said lawyer is and why this lawyer in not in front of him delivering the news directly to the justice.

You won't be successful in getting an adjournment without a signed Form 14 from the lawyer.

Also, your lawyer has an obligation to represent you. For a matter such as this, they can send an agent on their behalf to request the adjournment. So again, if you try to use the "excuse" that your lawyer isn't present and didn't fill out a Form 14 for you the next thing the justice is going to ask is... Why didn't the lawyer send an agent in their absence?

Good Luck!
Tayken
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Old 05-28-2014, 02:41 PM
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That is very helpful Information. My last email to my lawyer was exactly that...I requested him to file Form 4 so as to substantiate my claim.
My lawyer is tied up on appeals in another matter according to him.
I have paid the retainer.
This is so frustrating....
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Old 05-28-2014, 03:12 PM
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Originally Posted by Northern Phoenix View Post
That is very helpful Information. My last email to my lawyer was exactly that...I requested him to file Form 4 so as to substantiate my claim.
My lawyer is tied up on appeals in another matter according to him.
I have paid the retainer.
This is so frustrating....
The lawyers assistant can sign the document in his absence. The lawyer doesn't have to really do anything other than provide instruction to his assistant. Weird situation.
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