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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-10-2011, 01:41 PM
tlwa tlwa is offline
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Default Seeking To Adjourn Motion

Hi All,

My ex started a motion and we were to have it this friday.
Last friday I served my ex and her lawyer my Affidavit 14A. Everything in my affidavit was the truth back up with documentation.
Today I recieved a phone call from my ex's laywer asking for my permission to adjourn. So that they have time to reply to my Affidavit. It was only a message left on my machine, I haven't answered yet.

So what do I do,, give permission or go ahead as they scheduled.

If some body understands why they would do this please let me know.


tlwa
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Old 05-10-2011, 04:18 PM
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wretchedotis wretchedotis is offline
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I think professional courtesy would dictate you allow him time to prepare materials.

But you're not a lawyer - and don't really have to bend to all that "old boy" mentality.

Personally - I would say no.
A lawyer isn't prepared in time for court? Too bad. Take all the advantage you can get - you are, after all, behind the 8 ball already - not having passed the bar.
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Old 05-10-2011, 04:20 PM
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wretchedotis wretchedotis is offline
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If you served and filed late yourself - I would consent to the adjournment. Play fair and all that...
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Old 05-11-2011, 06:17 AM
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cashcow4ex cashcow4ex is offline
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I ask you this. If the tables were turned and it was you asking your ex's lawyer for time to prepare, do you honestly think he would say sure take the time you need? I think not!
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Old 05-11-2011, 08:42 AM
tlwa tlwa is offline
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Thx Cashcow4ex and wretchedotis,

You have pretty much confirmed what I was thinking. I will be calling her lawyer this morning.

tlwa
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Old 05-11-2011, 09:36 AM
WorkingDAD WorkingDAD is offline
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I can tell you what happened with my last motion
1. I got served with another bullshit.
2. I replied with cross motion (15 p affidavit with format like judjes like not more than 30 lines per page) - what ex's lawyer called the book )
3. He asked adjournment
4. I said - you kidding? You never adjourn anything for me even when I left my lawyer two weeks before SC
5. So we went before judge.
6. Ex lawyer cried that it too much and he and his client need time to review.
7. I said give me a brake - you saw it already at least one time and most of it is correspondents between you and me what you already saw.
8. Judge said are you going to add much materials?
9. Ex lawyer said not more may be couple of paragraphs.
10. Adjourned for one week.
11. I got served with +23 paragraphs.
12. One week later before another judge: Judge: I did not read your materials. too much ... Now it's long motion (line from endoresement). And put it on the same day as trial. So now before trial we will have motion. Just great...

So when judge will allow to adjourn MAKE SURE ON HIS endorsement you have home much material they can serv ...
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