Judge scheduled us for two motions to be heard next Tuesday, one from our (respondent’s) side and the other one from opponent’s side. Temporary order from case conference of the judge reads as two motion to be heard. Other side field affidavit on OCL. We filed back affidavit in response to theirs and in support of our motion. Now, opponent’s lawyer entered into correspondence with me and told me that judge only meant one motion to be heard, theirs…Therefore they are not replying to our affidavit. I told her I disagree and judge’s order reads differently and what I heard also sounded differently.
Today opponent’s lawyer filed in court form 14 C and stated on that form that only one motion to be heard, OCL motion (theirs). I went through form, it has point 4-7 and one of these points mentions that statement in point 3 is made upon agreement of both sides. Statement 3 is that only one motion to be heard. So, literally the lawyer filed the form as if both sides agreed to that only one motion. But this is not true. What do I do now to oppose it? We have oneday before Tuesday court motion. Just bring to court our correspondence which shows that we opposed itand not agreed on it? <O<O
Also, wouldn’t judge get mad that other lawyer misinterprets her decisions/ Can she proceed with our motion even though they did not file response to our affidavit? If initially judge indeed meant two motions, would our motion proceed no matter what?<O
Today opponent’s lawyer filed in court form 14 C and stated on that form that only one motion to be heard, OCL motion (theirs). I went through form, it has point 4-7 and one of these points mentions that statement in point 3 is made upon agreement of both sides. Statement 3 is that only one motion to be heard. So, literally the lawyer filed the form as if both sides agreed to that only one motion. But this is not true. What do I do now to oppose it? We have oneday before Tuesday court motion. Just bring to court our correspondence which shows that we opposed itand not agreed on it? <O<O
Also, wouldn’t judge get mad that other lawyer misinterprets her decisions/ Can she proceed with our motion even though they did not file response to our affidavit? If initially judge indeed meant two motions, would our motion proceed no matter what?<O
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