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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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  #1  
Old 08-18-2020, 02:48 PM
Malaika Malaika is offline
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Default cancelling a motion

Hey guys i have a simple question. Lets say your was in 3 days, and the other party has made a whole bunch of lies that you did not have time to respond to. Can you reschedule a motion and what are the penalties?

Thanks
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Old 08-18-2020, 02:55 PM
rockscan rockscan is offline
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Have they proven their lies? If they are just making random statements in their materials with no proof then dont worry about it. You will go into the motion and present your case and rebut anything they say that is of value.

Most motion briefs are full of bullshit. Judges look for proof to back up a claim. If the lies have no proof and are not relevant you simply state in court that they make statement xyz and you refute them with argument abc.
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Old 08-18-2020, 03:54 PM
Malaika Malaika is offline
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She has weak "proof" (snippets from text messages to make me look bad) but other than that she has nothing really. I just fear the judge will side with her based on these so called proofs despite what i have to say. For example, she cuts off a paragraph from an entire conversation, that kind of proofs her point, when i have the entire conversation that would completely dismiss her case. Things like this
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Old 08-18-2020, 03:58 PM
Malaika Malaika is offline
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Funny, the lawyer requested a " consent to late filing", exactly when it would be impossible for me to make a response because she knew her bullshit would get refuted. But i totally didnt see it at the time
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Old 08-18-2020, 04:08 PM
rockscan rockscan is offline
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Bring the text messages with you and point out that the messages have been truncated.

At this point it is so hard to get a motion date you may be in worse shape asking to adjourn over something that trivial.
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Old 08-18-2020, 08:25 PM
stevexu213123 stevexu213123 is offline
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Quote:
Originally Posted by Malaika View Post
Hey guys i have a simple question. Lets say your was in 3 days, and the other party has made a whole bunch of lies that you did not have time to respond to. Can you reschedule a motion and what are the penalties?

Thanks
No, you can't cancel because the other person made lies.
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Old 08-19-2020, 10:47 AM
Malaika Malaika is offline
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Quote:
Originally Posted by rockscan View Post
Have they proven their lies? If they are just making random statements in their materials with no proof then dont worry about it. You will go into the motion and present your case and rebut anything they say that is of value.

Most motion briefs are full of bullshit. Judges look for proof to back up a claim. If the lies have no proof and are not relevant you simply state in court that they make statement xyz and you refute them with argument abc.
Hey Rockstan,

Lets say i mess up at court due to not submitting proof that debunks her lies and the judge sides with her. Is it possible to make another motion with these claims that she made and provide a debunk to them?

Would i be held in contempt if i know that the money she asked for child support (back pay) was already paid to her and that shes not entitled to free money? If i know im making a motion to prove that shes not entitled to the money? And knowing that she lied to get money from me and that i have prove of the lies, would that be considered perjury?

Let me know
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Old 08-19-2020, 10:49 AM
Malaika Malaika is offline
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Quote:
Originally Posted by stevexu213123 View Post
No, you can't cancel because the other person made lies.
Thanks for the reply. I just find it unfair that a lie can be believed without the other party the opportunity to debunk them.
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Old 08-19-2020, 10:56 AM
rockscan rockscan is offline
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Quote:
Originally Posted by Malaika View Post
Hey Rockstan,

Lets say i mess up at court due to not submitting proof that debunks her lies and the judge sides with her. Is it possible to make another motion with these claims that she made and provide a debunk to them?

Would i be held in contempt if i know that the money she asked for child support (back pay) was already paid to her and that shes not entitled to free money? If i know im making a motion to prove that shes not entitled to the money? And knowing that she lied to get money from me and that i have prove of the lies, would that be considered perjury?

Let me know

If you have proof of this payment, bring three copies to the motion. You can mention that in the response she makes the claim which you have proof is false. Bring it all with youthree copies and refute it.

You will get a chance to outline your case for the motion. As you explain, outline that you accepted late service in order to continue the motion however in the response the other party stated that you had not paid an amount, you did pay the amount and have proof of it that you did not have time to file due to the late service.

If you fail, you dont bring another motion. If you are self repped, the judge will have certain leniency as they take it easy on self reps.
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Old 08-19-2020, 11:09 AM
StillPaying StillPaying is offline
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Quote:
Can you reschedule a motion and what are the penalties?
You may be able to reschedule with a valid reason, but would most likely be charged costs for wasting that day.

Who's the moving party?
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