Case Conference Monday

[zanman]

HI Everyone


I have mu scheduled case conference next Monday did my case conference brief with my lawyer. STBX is trying to get our agreement tossed the we did and want spousal support now. I guess I was curious if and what to expect at this CC , my lawyer said we just lay out the facts. Seems we wait out in the hall to we get called in. Has anyone ever had anything resolved at a CC.


Seems most of the reading I do that allot doesn't get resolved .


I made an offer to settle months ago and they never counter offered.

[Rioe]

I've never had a case conference, so I hope some of the more experienced in court people come to answer soon, but as far as I know, it's just a meeting with both sides and a judge. The judge reads/listens to each side, and gives advice on how they would rule if this came before them in a courtroom. I believe it is designed to give the parties some idea of how likely they would be to succeed in court, so they can decide if they want to proceed to court or settle. I think, based on reading here, that this case conference judge cannot then be the one assigned to your trial.


However, I've also heard that they are a waste of time. The reasonable party hears that a judge would likely rule in their favour, so feels hopeful about going to court. The unreasonable party gets told by their lawyer to change the strategy slightly but proceed to court as there is still a chance for them to win (and for the lawyer to earn the big $$$). I guess the effectiveness of a case conference depends on the willingness of the unreasonable party to take the advice of the case conference judge over that of their lawyer.

[rockscan]

I asked my partners lawyer this question based on things I've read on here from others and stuff I've read on the internet. Basically Rioe is right that case conferences are a crapshoot and sometimes go bad and sometimes go good.

The point of them is to get both parties to settle. The judge sits down with you both and goes over what you've provided. They talk to you both and point out what is or isn't relevant and how the court would rule if it went to trial. That information is meant to get both sides to a point where they can work out an agreement without going forward and wasting anymore court time. You don't have to agree to anything and neither side is obligated to continue. In a sense it's much like mediation except you have a judge who knows and understand the law and jurisprudence.

Realistically you should go in there prepared to state facts and facts only. Don't get sucked into the weeds in what the other side might say. They can sit and spew on and on about how awful their life is and how poor they are. Don't engage in ridiculous responses or anything that can't be backed up. And expect that if your ex is completely unreasonable and feels entitled to everything, you won't make it out of there with an agreement.

[Sam Sung]

I have been to two case conferences and a settlement conference .


All 3 times, nothing was decided .


I brought forth a motion to change and all 3 times the respondent tried to get it dismissed and could not do so .


In my opinion, a case conference will give you a better idea of whether or not you will be successful in whatever it is that you are asking for .


Use it as a gauge to decide your strategy moving forward or to cut your losses .

[zanman]

Thanks Everyone


I will keep you posted

[dadonown]

I was told to also book a Motion date for as soon after the CC as you can.

[Gilligan]

Would love to hear how it went Zanman

[zanman]

Sorry for the late reply..


It was a very interesting day.. to some it all up the Judge recommended paying her a lump some to end this and suggested we come to a number so we don't waste any more money the both of us really don't have.. told us a full trial will be 50 to 80 thousand dollars and it will be allot cheaper for us to settle on a number and move on with our lives..


The other things we settled where already in place off set child support and custody and so on. Didn't even really care to hear we already had an agreement in place. Was very strong on coming to a number. for Full spousal buy out.


Denied the back spousal she was looking for , so that was one good thing


So I guess I'm in the works of coming up with a final number ?

[Stillbreathing]

Having participated in double digit case conferences I can say without a doubt they are a total and complete waste of time and money. The above posters are incorrect to assume the judge actually reads your prepared materials.

Our one judge whom we chased all over hells half acre to get in front of ( as he was seized of our file) blew me away. The first words out of his mouth were that he hadn’t had time to read our file and then went on to give advice ( without knowing the kids and I were now in hiding, STBX was up on new criminal charges for having assaulted my boss while loooking for me).

I have no respect whatsoever for the family justice system. The criminal court judge did read the materials and she was the one who ended up making the appropriate orders.

I have so little respect for CC and TMC that I don’t even attend anymore. Send my lawyer without me. I have better things to do with my time . Like earn a living and feed my kids.

[kate331]

Zanman, overall was it worth it, or waste of time like some of the posters say? Must of cost you $$$ in lawyer fees.

[Janus]

I have so little respect for CC and TMC that I don’t even attend anymore. Send my lawyer without me. I have better things to do with my time . Like earn a living and feed my kids.

Wouldn't it be more cost effective to just represent yourself at the CC? Unless you earn more than $300/hour at your day job of course.


I needed a lawyer because I was overwhelmed. If you don't care about the CC, then why do you need a lawyer?

[zanman]

All in All I guess this Judge gives you a perspective on how the case will look going forward. Yes You pay for your Lawyer. Now I have to decide how far I really want to take this.

[denbigh]

It was a very interesting day.. to some it all up the Judge recommended paying her a lump some to end this and suggested we come to a number so we don't waste any more money the both of us really don't have.. told us a full trial will be 50 to 80 thousand dollars and it will be allot cheaper for us to settle on a number and move on with our lives..

Did the judge recommend an amount to settle at? Were both at completely opposing sides of yes spousal support/no spousal support, or was it that there the number was in dispute?

[zanman]

He did not but the lawyers had an idea and the ex had an even bigger Idea
Number agreed between between my layer and hers Judge then agreed and we now have settlement