Trial Scheduling was August 2019.
After this the other side pulled some stunts like refusing to collaborate on a Statement of Agreed facts. They insisted ONLY their facts would be accepted. Seriously.
A few months later after more breaches of the parenting plan I sent them an amended response with some important revisions to the parenting plan and requested consent. They flipped out. I filed a motion under Rule 12 to have the amendment accepted. Judge had not read the file and launched into me about how the Family Law Rules are superseded by the Civil Procedure Rules and that my claims (he took about a minute to read them) were basically a new lawsuit and that serious cost consequences would result if they had to do all the unnecessary legal work to prepare. They are already fully prepared because these issues have been flying back and forth forever. Lesson learned, I withdrew. So they send me a huge bill for full indemnity costs with the usual massive threats. I call the clerk (they know me now and like me there). Clerk asks the judge who says they can send their written submission for costs and then I have 14 days to reply in writing. That will be after the trial at this point. My arguments is the refusal to collaborate on a SAF made it necessary to revise the response with new facts that they refused and material events had occurred after the Trial Scheduling. If I am wrong I'll eat the fees once the judge rules on the written submissions. (Another year of tuition gone to this lawyer.) Final Conference is on Tuesday and I will be asking the judge there about the Statement of Agreed Facts nonsense.
SO, my question is
How can I get these revised claims in at trial?
Do I draft theses as individual motions and then submit to the judge over the bench?
Or draft all of them together?
Or do it verbally?
If verbally one at a time or all together?
These revisions are not frivolous or vexacious (IMHO)
After this the other side pulled some stunts like refusing to collaborate on a Statement of Agreed facts. They insisted ONLY their facts would be accepted. Seriously.
A few months later after more breaches of the parenting plan I sent them an amended response with some important revisions to the parenting plan and requested consent. They flipped out. I filed a motion under Rule 12 to have the amendment accepted. Judge had not read the file and launched into me about how the Family Law Rules are superseded by the Civil Procedure Rules and that my claims (he took about a minute to read them) were basically a new lawsuit and that serious cost consequences would result if they had to do all the unnecessary legal work to prepare. They are already fully prepared because these issues have been flying back and forth forever. Lesson learned, I withdrew. So they send me a huge bill for full indemnity costs with the usual massive threats. I call the clerk (they know me now and like me there). Clerk asks the judge who says they can send their written submission for costs and then I have 14 days to reply in writing. That will be after the trial at this point. My arguments is the refusal to collaborate on a SAF made it necessary to revise the response with new facts that they refused and material events had occurred after the Trial Scheduling. If I am wrong I'll eat the fees once the judge rules on the written submissions. (Another year of tuition gone to this lawyer.) Final Conference is on Tuesday and I will be asking the judge there about the Statement of Agreed Facts nonsense.
SO, my question is
How can I get these revised claims in at trial?
Do I draft theses as individual motions and then submit to the judge over the bench?
Or draft all of them together?
Or do it verbally?
If verbally one at a time or all together?
These revisions are not frivolous or vexacious (IMHO)
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