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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 10-16-2010, 11:22 PM
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Default delay tactics and costs

If you can prove that your ex and their lawyer are strategically delaying matters, what is the likelihood of receiving or the judge granting you costs? (especially when the judge actually witnessed the truth behind the delays?)

What if they don't show up or confirm they can make the next courtdate? Is it possible to seek costs even if they are not present?
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Old 10-17-2010, 12:10 AM
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COSTS OF ADJOURNED CONFERENCE
I found this :

That if a conference is adjourned because a party is not prepared or hasn't served the required brief along with the required disclosure or has not followed these rules set forth, then the judge shall,
(a) order the party to pay the costs of the conference immediately;
(b) decide the amount of the costs; and
(c) give any directions that are needed.
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Old 10-17-2010, 12:11 AM
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sounds good for you!
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Old 10-17-2010, 12:11 AM
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And this:
ABSENT OR UNPREPARED PARTY
If a party doesn't appear at a step in the case, or appears but is not properly prepared to deal with the issues, the court shall award costs against the party unless the court orders otherwise in the interests of justice.
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Old 10-17-2010, 12:12 AM
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Yes, I was wondering if I should have already done so with the last matter
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Old 10-17-2010, 12:13 AM
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They probably wouldn't order costs after one delay, but only if it is a repetitive problem.
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Old 10-17-2010, 10:48 AM
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I've had 4 case conferences so far...

The Respondent was repeatedly ordered to provide financial disclosure...
He refused.

The Respondent was ordered to file an affidavit outlining his position on a specific topic...
He didn't do it.

The Respondent hasn't file a single case conference brief, financial statement, affidavit, NOTHING! He just shows up for the court appearances, empty handed.

After he deliberately delayed the proceedings for more than a year, I finally asked the Judge for costs. I was more than reasonable and requested $100 for my time, and for wasting the courts resources.

Judge denied my request.... no reason given.
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Old 10-18-2010, 09:14 PM
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There are lots of cases where judges do award costs to self represented litigants, but as with many other things in our family courts it is at the whim if the judge.
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Old 11-01-2010, 11:29 AM
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What are some other delay tactics that other people have experienced from their ex and lawyer?
Mine got new representation, did not inform the old lawyer, have not informed the courts of the change.
Because he has not paid his old lawyer, I am worried now that if the ex lawyer goes after him for paying off his bill, that there could be a possible lien on the house, assets which will affect the final payout or not allow forced sale the house.
And I am still thinking that there will not be a show at the TMC or will delay and state they can not get the file to continue.
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