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  • #16
    OK, LV, I am really confused after my dealings with the courthouse. The courthouse that sent me a notice of approaching dismissal refused to take my material on Friday.

    In May of last year, apparently my ex and I agreed on consent to "transfer the file to this new courthouse." I don't recall this but I am sure my lawyer felt the need to do this due to scheduling. It happens to be in the area that my ex's lawyer lives in. More travel costs for me for my lawyer and less for my ex. I have to point out that neither of us actually LIVE or have ever lived in this municipality or county. That is the problem with the file.

    Our original Courthouse has a "live" file so to speak. So does the other court house that sent the notice. The original courthouse says that they cannot take my material either as they cannot go in contrary to the court order they have on file which notes the transfer. The new courthouse will not either as they say that the order should be interpreted as it was temporarily moved. They sent the file back to the original courthouse after our motion date this past summer.

    I just want to stop the dismissal. The current courthouse is telling me this is just a few strokes on the keyboard for their clerk to allow the extension of the timelines. But she says she cannot take my material as we don't live there. She told me to call back at lunch on Monday. This would not give me enough time to serve and file everything if I wait. The original courthouse disagrees with the new courtclerk ans she tells me it is much more than that and that I must serve my ex's lawyer personally no later than MONDAY, tomorrow with my material or we will not get a motion date before the dismissal.

    I tried 3 times to get a response from my ex's lawyer if they would agree on consent to extend the motion. They won't return my messages. Therefore I must assume that my ex has a problem with it and proceed to serve them with the material, right?

    The current courthouse clerk tells me that it is in bad form to force a lawyer to argue a motion when it is not necessary for them to attend and not to do this. I personally do not care as it is not costing me a cent. But I do not want the judge to think I am disrespectful to his time or my ex's lawyers time.

    What do I do?

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    • #17
      independentgal,

      as you mentioned,

      The courthouse that sent me a notice of approaching dismissal refused to take my material on Friday.
      Very strange considering that they sent you the notice of case dismissal. Speak to the head Registrar of this court and get reasons for such in writing.

      The original courthouse says that they cannot take my material either as they cannot go in contrary to the court order they have on file which notes the transfer. The new courthouse will not either as they say that the order should be interpreted as it was temporarily moved. They sent the file back to the original courthouse after our motion date this past summer.
      Get the reasons also from the head Registar at the original court house in writing for refusal to accept the documents.

      It appears to be a procedural issue, therefore if the case does get dismissed, you could always bring forth a motion to have it reinstated - you would have your proof that both Registrars from each court declined to accept your documents to carry on the case. Another alternative is if the case gets dismissed is; You could bring forth another application. However, this would be more work. Best to bring forth a motion to have the current case reinstated if it gets dismissed.


      I just want to stop the dismissal. The current courthouse is telling me this is just a few strokes on the keyboard for their clerk to allow the extension of the timelines. But she says she cannot take my material as we don't live there. She told me to call back at lunch on Monday.
      Speak to both supervising Registrars of each court and get their position in writing. It wouldn't be the first time that Registrars made a mistake.

      I tried 3 times to get a response from my ex's lawyer if they would agree on consent to extend the motion. They won't return my messages. Therefore I must assume that my ex has a problem with it and proceed to serve them with the material, right?
      Send the communication letter by fax to this lawyer. It is quit possible that they may be out of town. However, most lawyers have secretaries, assistants, and or clerks still on call to manage the office. They may be avoiding your calls. Best to send a formal letter by fax or registered mail as both methods give a confirmation that same received such.

      The current courthouse clerk tells me that it is in bad form to force a lawyer to argue a motion when it is not necessary for them to attend and not to do this. I personally do not care as it is not costing me a cent. But I do not want the judge to think I am disrespectful to his time or my ex's lawyers time.
      I didn't think court house clerks were allowed to give out legal advise. I agree with your position by filing the motion. It appears the individuals lawyer is avoiding your communication. I don't think the Judge would consider it a waste of time considering you have somewhat of a procedural nightmare on your hands and the case is facing dismissal.


      lv

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