Adjornment of a motion

[tugofwar]

Can someone please help me understand this process. The 1st party sets for and sets a date with the courts and serves the other party with a notice of a motion being brought forth. The responding party's representation can not make that date as they will not be in the country. The responding representation sends forth a letter asking the date be changed a few weeks later and gives two dates.
What happens if the applying party ignores the request?
The responding representation plans on sending in an agent to ask for the adjornment but does that necessarily mean that the judge will adjorn?
Is it possible to continue with the motion if representation is not present?
Does that put the opposing party to self represent at the time?
It is not an emergency motion where matters need to be dealt with immediately.

[formyGirls]

My experience has been that there would be no problem getting the adjournment in your situation. The judge is not going to proceed without the respondent having counsel, especially when sufficient notice has been given. Even if there had been other adjournments by the respondent, the judge would likely not make them proceed, but would likely issue a stern warning and possibly costs to the applicant. But if the respondent's counsel has given notice with good reason, the motion will be adjourned for sure.

In my situation, I have had a motion (filed by her lawyer) adjourned after I showed up in court - nothing much said, her lawyer said they didn't want to proceed at this time. Later on, had case conference adjourned THREE TIMES by her lawyer, once 5 days and the other time one day before conference (I wasn't asked, her lawyer filed papers saying I consented for first 2 times). At last adjournment, she switched lawyers a month before conference, that was enough to adjourn again - I complained to judge, didn't get costs - but her lawyer got cautioned...

Going to case conference again tomorrow, this time her lawyer files 219 pages of crap a 8 days before the conference... I have every right to adjourn now, but am refusing to let this drag out any more!....

But as far as your question (pardon the rant, lol!).... the adjournment should be a piece of cake as long as it hasn't been a process the respondent has been abusing...

[tugofwar]

Thank you for sharing your experience. It has actually been the other way around with me too. Ex got new lawyer half way thru, 2 meetings in front of judge with no show from ex or lawyer etc. I saw it as a delay tactic and pushed matters forward.
Thing is time lines are somewhat crucial at this time so that could possibly be their tactic to proceed without my lawyer's presence.
Things that always make me go hmmmmmmmmmmmm

[Kenny]

I have, and am still having problems with my Ex's delay tactics and can certainly sympathize.

So far my case has been infected stall tactics such as no shows, incomplete and late filing (and only when directly ordered to by a judge), agreeing to settlements at conferences then refusing to sign and so on. As the case progresses, now she has found a new tactic. She has discovered that if she delays in agreeing to a trial management conference date, the case can get pushed even farther down the road.

I will win, I just have to stick it out. What concerns me is she will be $30 or more in support arrears by the time a trial is over and that the judge is going to significantly reduce or eliminate arrears altogether. I lawyer I spoke to told me to prepare for that possibility.