I am hoping that someone can provide some insight on this...more procedural in question:
I was served with a motion to change, response was exchanged, DRO conference was held and a date for a SC/TMC has been made for June.
My ex's lawyer has now set a "motion" date for end of April to resolve ONE of the items contained in the original motion. The issue for this motion is one that is already in the original motion that was filed.
So my questions are the following:
1. Is my ex not required to file a separate motion since my ex is addressing only one item in this new motion? OR can a motion date be based on the original motion but for only contend with one item from the original motion (in which case, the original motion and response is being used )
2. Can my ex's lawyer set a motion date without consent and if not, what is my recourse if I am not agreeable to that date? Would I be need to reach out to the trial coordinator's office to ask for another date?
3. What exactly is being heard on this date? I have been given no information as what kind of appearance this is, aside from being told by opposing counsel that they have booked a "motion" date (no confirmation or paperwork pertaining to this one item motion)....since we have already held a DRO conference for the original motion, should I assume that any other conferences are not going to be held and that this will be a date whereby the motion is to be argued?
Thanks!
I was served with a motion to change, response was exchanged, DRO conference was held and a date for a SC/TMC has been made for June.
My ex's lawyer has now set a "motion" date for end of April to resolve ONE of the items contained in the original motion. The issue for this motion is one that is already in the original motion that was filed.
So my questions are the following:
1. Is my ex not required to file a separate motion since my ex is addressing only one item in this new motion? OR can a motion date be based on the original motion but for only contend with one item from the original motion (in which case, the original motion and response is being used )
2. Can my ex's lawyer set a motion date without consent and if not, what is my recourse if I am not agreeable to that date? Would I be need to reach out to the trial coordinator's office to ask for another date?
3. What exactly is being heard on this date? I have been given no information as what kind of appearance this is, aside from being told by opposing counsel that they have booked a "motion" date (no confirmation or paperwork pertaining to this one item motion)....since we have already held a DRO conference for the original motion, should I assume that any other conferences are not going to be held and that this will be a date whereby the motion is to be argued?
Thanks!
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