Thread: Need help ASAP
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Old 02-29-2020, 10:53 PM
Mummaa222 Mummaa222 is offline
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Post Need help ASAP

I'm crossing my fingers that someone knows what to do and can help me...please!!!

The other side brought a Motion for summary judgment...at least that's what it's being referred to because it doesn't have the words "summary judgment" anywhere in it and the judge even said at our last motion date that he doesn't see which tab is the motion for summary judgment.

So my first question is: What is the proper procedure for a Motion for summary judgment? (this lawyer and the court clerks have broken many rules and don't seem to follow procedures and are getting away with it)

I was served (late) for a regular Motion. She knew it would require a long Motion. This is the second time she has done this. The date for the long Motion was scheduled after she had already served and filed.

Everything I've read about long Motions says that you have to discuss a date that works with the other party and then schedule that date and THEN file and serve a notice of Motion and the motion material on the other party at least 30 days before the motion date. The other party then has until 15 days before the Motion date to file and serve their response. The moving party can then respond and then neither can file anything else except the Factums that are required.

This lawyer kept bugging me for a date for when I would give her my motion materials. I told her that my understanding was that I had until 15 days before the motion date. The motion has been scheduled for May 29.

She then asked the judge for an Order that I had to serve my material to her by February 28th.

So February 28th was yesterday, Friday. My materials are completed and ready to be served and filed. They weren't ready until 3:00 yesterday but I had until 4:00 and would have been able to get it done. I went out to warm up my car, came back in and grabbed all my papers, went back to the car and I pushed the lock button on my door instead of the unlock button when I was unlocking the back doors so I could get my daughter in her car seat. (yesterday was snow day for us, as was Thursday) the highways were closed at first then still nasty at the end of the day so no babysitter)

So my motion materials that were Ordered to be submitted by Feb. 28th were not. I basically lost it as the only thing that went through my head at that moment was that it's over and I'll never see my daughters again...it honestly felt as if my children had just died...no exaggeration

So now what?

Here's the reasons that I wasn't finished until 3:00 yesterday...(not that I want to make excuses because like I said...I would have had them in on time if I hadn't locked my keys and purse in my running car..no I don't have a spare key.)...

...The Order for Feb 28th deadline was made January 23. That's fine, I could do it. On January 30th I had a Dr. Appointment...found out my blood pressure is sky high and was taken off my Ritalin. So much for being able to focus on anything now! But that's better than dying or having a stroke because my reading was 188/110...I'm still not understanding why my Dr let me walk out of her office with a reading like that?

The next day I got a message from my son's step-mother (we get along great) to tell me that my son's dad was in the hospital from severe stomach pains and they diagnosed him with stomach cancer!! That was January 31...early the next week they did surgery and discovered that it's on his liver and there's so much of it on his stomach that they can't remove it at all. He started chemo the week after. The week after that they said it's stage 4. This week they've given him less than a year.

So the father of my 2 daughters just passed in September and I'm just now coming to terms with him dying and now the father of my oldest, my son, has been given less than a year to live, and I'm trying to keep my blood pressure under control so I don't die too.

My daughters' step mom still has temporary without prejudice custody of my girls (still don't understand that one) and has now officially applied for sole custody. In her application she says that my girls don't want to ever see me again AND now they don't want to see my mom or their siblings or anyone else from my side. Her plan is for them to have access to her family and their dad's family and that's it. She also plans on staying in the house that she doesn't own but that's another story.

The latest is that she now has a boyfriend. Actually they just made it public and are acting like it just happened but some people know for sure that it didn't. This guy is my ex's friend. He was with a woman that my mother works with for over 20 years and she caught him having sex with her before Christmas. He posted pictures of him and her fishing at the beginning of November...my ex died at the end of September. He also posted pictures of my youngest at his house hanging out in his garage...so my kids are aware of this guy. This is the last thing my kids need!!!! She's also been going on road trips and fishing on weekends and my girls aren't included in this fun she's having.

I NEED to be able to file my evidence because my girls need to be out of there and get the therapy they need. I know I've got this but only if those papers get filed.

Oh almost forgot the water pipe that blew Thursday afternoon and the new hot water tank that had to be installed yesterday afternoon while I was finishing my documents ugh!

So what do I do?? HELP!!! PLEASE!?!?

*yes I know that was a lot of rambling lol...no sleep, no ritalin and living a nightmare does that I guess?
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