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  • I Didn't Get His Settlement Conference Brief Yet and It's this Week

    Hi there,

    We have a settlement conference coming up this week. I served my brief documents within the 7 days and they are filed with the courts. My stbx should have had his brief docs to me by last Friday, however I have not been served. What does this mean for everything if I don't have them yet, should I email his lawyer to find out where they are? (I am self rep'd he is not). I have to send

    I have to send my confirmation in by Tuesday.

    Any ideas, could they be up to something? We have already postponed (on consent, they asked for it) from June to August. I have not heard from his lawyer, there has been no communication. Should I just send in my confirmation and then show up on Thursday?

    Any thoughts????

    Thank you.

  • #2
    Yep, just show up. Don't worry about the other side preparedness (or lack thereof).

    It's not that unusual for things like this to be late. You may be handed it 5 minutes before the time scheduled.

    In the grand scheme of things conference briefs aren't that important, as they are not used to reference come trial. Conferences are held on a 'without prejudice' basis.

    Just show up at court, and try to settle any issues you can, failing that ability - push for a trial date.

    Comment


    • #3
      This means that I don't receive an offer to settle from him. Would it mean by him not providing a brief, a financial statement, and net family property form as well as no offer to settle that he has no interest at all in working towards a settlement or that just wants to go to trial? I provided everything in my brief that was required, including an offer to settle. Should I email his lawyer to follow up with not having been served with a brief?

      Comment


      • #4
        The Judge will take issue with the other sides counsel at the conference if no materials have been filed.

        All you would have to do is explain that you never received their materials, and then ask for an Order for Financial disclosure.

        Any Offer to Settle is essentially irrelevent at this point, from the perspective of what will happen at Trial, should there be one. So don't sweat that detail.

        And really, you should stop trying to discern the other sides motivations and/or whether or not they are 'willing to settle'. It's not worth the emotional drainage.

        Just do what you have to do, and let the other side do (or not do) as they are supposed to.

        You are still have a fair bit of road ahead of you to travel. TMC, then perhaps Trial (plus any motions that may be brought).

        Comment


        • #5
          My GF experienced the same thing. Her ex had to file a response by a certain date and it wasn't forthcoming. She called his lawyer about 1.5 weeks in advance and the lawyer stated, "oh...I've been so busy that I forgot". The lawyer managed to get it to her a couple of days before the conference. The document didn't include any offer to settle; rather, that was offered at the settlement conference. Like wrethedotis said, don't fret it and worry about your own court obligations.

          Comment


          • #6
            Originally posted by wretchedotis View Post
            Yep, just show up. Don't worry about the other side preparedness (or lack thereof).

            It's not that unusual for things like this to be late. You may be handed it 5 minutes before the time scheduled.

            In the grand scheme of things conference briefs aren't that important, as they are not used to reference come trial. Conferences are held on a 'without prejudice' basis.

            Just show up at court, and try to settle any issues you can, failing that ability - push for a trial date.
            and do not forget to ask cost of the step due to other party is not prepared...

            Comment


            • #7
              I had the same situation. I served my ex, but never received anything in return and I have done the confirmation, but sure she has not. When we were in court, the Judge did not care even a little. Actually I was even pissed off a bit cause I made sure, through this forum and court guides, that I everything by the book, and she just sailed through it without any effort (she was the applicant, but since she was not serving me with CC brief, I was told to serve her instead). At the end she got what she wanted anyway.

              Maybe in your case the Judge will be a bit more insistent for thing to be done by the book because your ex has a lawyer so no excuse there that the ex didn't know the process.

              WorkingDad: I also thought to ask for cost of the step, but seeing how little the Judge cared for CC brief, I realized I will look like an unreasonable fool.

              Comment


              • #8
                Originally posted by JB514 View Post
                WorkingDad: I also thought to ask for cost of the step, but seeing how little the Judge cared for CC brief, I realized I will look like an unreasonable fool.
                well it's your choice. Rules pretty much clear on that one. I did not file trial conf brief once and were ordered to pay my ex lawyer $200.

                Comment


                • #9
                  Continue on your way to court, follow procedures and show up. I was in the same boat, and I received the documentation the day before. I mentioned it to the judge and she just accepted it and I ended up looking like I was from out of space? Rules are there to be followed, whatever you do show up and be prepared for anything.



                  Originally posted by momto3 View Post
                  Hi there,

                  We have a settlement conference coming up this week. I served my brief documents within the 7 days and they are filed with the courts. My stbx should have had his brief docs to me by last Friday, however I have not been served. What does this mean for everything if I don't have them yet, should I email his lawyer to find out where they are? (I am self rep'd he is not). I have to send

                  I have to send my confirmation in by Tuesday.

                  Any ideas, could they be up to something? We have already postponed (on consent, they asked for it) from June to August. I have not heard from his lawyer, there has been no communication. Should I just send in my confirmation and then show up on Thursday?

                  Any thoughts????

                  Thank you.

                  Comment

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