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  • How Do You Reschedule A Court Date?

    My husband just found out that he is required to attend a mandatory training seminar on the day of his settlement conference. There is no way around it. If he fails to attend, his job offer gets revoked.

    How do we go about changing the court date?

    I called the courthouse and was told to "fill out firm 14C" but was given no other information, despite my asking.

    Can anyone please help?

  • #2
    In the 14C form there is a spot that you indicates you wanted an adjournment, it lets the judge know if(that) you tried to adjourn it prior to filing the doc.

    You need to call the lawyer for the other side(or if she is self rep send letter). Tell her that you need to adjourn the settlement conference to another date due to mandatory work related conference. Call the courthouse prior to this and inquire of the next alternate date after this date. Tell them to book you in for that date. Tell ex that you have arranged the settlement conference for X date, is she in agreement.

    If it is a lawyer you are calling, ask if they will agree to adjourn the settlement conference ON CONSENT to another date. If they will, and chances the lawyer will not have a problem, then you can book another date with the trial coordinator.

    I can't remember your situation, but if she has a lawyer, the rescheduling will go much smoother. Either way,the form 14C will show that you tried to contact the other side for an adjournment if all else fails.

    Comment


    • #3
      Thanks independent gal!

      She is representing herself. No lawyer on record. As far as we know.

      I will look closely at Form 14C and fill it out accordingly.

      Quick question... how early before the conference date should we submit the form? Do we need to submit our brief still, or can that wait until the new date?

      Comment


      • #4
        The earlier the better.

        I've been researching delaying my TMC and have been told that if I attempt to do so closer to it's date rather than earlier, I would most certainly be denied in my request.

        Of course, I would be attempting to do it without consent from the other party.

        Comment


        • #5
          Originally posted by wretchedotis View Post
          Of course, I would be attempting to do it without consent from the other party.
          So what are you saying... is it better to ask for an adjournment without consent of the other party or to ask for their consent?

          Comment


          • #6
            If the other party consents, there is no fuss and its accepted. A future date is agreed upon.

            If the other party does not consent, you have to ask the courts for it, and it may/may not be granted.

            The more reasonable the request in both time and merit, the more chance you have of getting it.

            Comment


            • #7
              the earlier the better...I wonder if you can scan and email her the form once filed

              Comment


              • #8
                Originally posted by wretchedotis View Post
                If the other party consents, there is no fuss and its accepted. A future date is agreed upon.

                If the other party does not consent, you have to ask the courts for it, and it may/may not be granted.

                The more reasonable the request in both time and merit, the more chance you have of getting it.
                That makes perfect sense. I will call for a new date first thing Monday morning, so that the other party can be informed of the required adjournment and new date and have a chance to respond. Hopefully she'll be understanding (hmmmm).

                Originally posted by frustrated11
                the earlier the better...I wonder if you can scan and email her the form once filed
                Great idea. After all, she will need to send in Form 14C as well, indicating the agreed-upon consent to adjourn to another date.

                The good thing about Form 15C is that you can fax it in. Pfew!

                Comment


                • #9
                  Well, we got 3 possible court dates from the trial coordinator. We sent an email explaining the situation to the other party and we have included the 3 possible dates (which, unfortunately, aren't until June). Hopefully she'll see that this adjournment is beneficial to my husband's employment status and income, and will agree to adjourn to June. *Fingers Crossed*

                  Comment


                  • #10
                    Originally posted by #1StepMom View Post
                    Well, we got 3 possible court dates from the trial coordinator. We sent an email explaining the situation to the other party and we have included the 3 possible dates (which, unfortunately, aren't until June). Hopefully she'll see that this adjournment is beneficial to my husband's employment status and income, and will agree to adjourn to June. *Fingers Crossed*
                    Well, at 3PM yesterday she sent an email saying she will be "obliged to consent to an adjournment on the following terms" and set out financial demands. We noted the "obliged to consent to an adjournment" part and ignored the financial demands. At 4PM we sent in form 14C indicating adjournment on consent. At 11PM she sent an email stating that now, she will not consent to an adjournment without full disclosure of employment information, training program dates and times, and agreement to all financial terms (i.e. child support based on the salaried amount of a position my husband held for 2 months, retroactive child support in that amount for past 5 months despite my husband's payments based on 2008 total income - which, as you might have guessed, is less than the 2-month-position salary - and agreement to share child care costs 50/50 - since, as you might have guessed, her proporitonate share is above 50%!)

                    So, basically she stated that unless we agree to all those terms and pay her off, she will not consent to an adjournment.

                    We already sent in the form.

                    Any advice on what we should do?

                    Comment


                    • #11
                      Write her a polite letter stating that the adjounment has already been filed, and if she wishes to withdraw her consent then she should inform the court of her reasons.

                      You, of course, are not interested in hearing anything about these reasons as they are up to the court to decide if they are valid, and you will respect the court's decision.

                      Comment


                      • #12
                        You probably shouldn't have sent it in. I tried to adjourn a motion on consent by calling ex's lawyer. The ex's lawyer refused unless I did a,b,c,d,e,f,g,h,i,j,k,l, and paid him $5000.00. I sent the form in that I wanted to argue for an adjournment. When we went to court, I lost. I had to do a,b,c,d,e,f,g,h,i,.j,k,l and PAY $5000.00 directly to the lawyer for costs thrown away. Total mistake. The conditions were related to seemingly irrelevant disclosure too.

                        I would go with what LV told you in an earlier post. Attach your 3 years of income tax with fin. statement and mail her the disclosure. Then file it in the record if it isn't already there.

                        Other than that, I can't say what you should do now.

                        But that was ballsy to send the 14C form saying she consented despite her conditions for adjournment! lol

                        Comment


                        • #13
                          Mess... I agree with you full-heartedly.
                          Independentgal, your experience scares me. :-(

                          The form has been sent indicating adjournment on consent. Nothing can be done about that.

                          Now, do we just wait and see what happens? Or do we call the courthouse and inform them that she in now contesting the adjournment because we won't agree to meet her financial demands?

                          Comment


                          • #14
                            Well, I called the courthouse and explained the situation to the clerk that answered the call. As a response, I got nothing more than a sigh, an apology for our troubles, and another apology for not being able to give me any advice - as she had none. So I got forwarded to the trial coordinator with whom I left a message, and am now awaiting a return call. Hopefully they'll be understanding of this ridiculous situation and will provide us with some good advice. *Fingers Crossed*

                            Comment


                            • #15
                              Why did you send in the confirmation of consent, when you yourself did not consent to the disclosure request?

                              I would expect that you will be liable for her costs if the matter does not get adjourned.... especially if you refuse to provide her with the requested disclosure.

                              Comment

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