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  • More Delays?

    Motion for CS, S7’s and arrears is scheduled for Monday.

    The Respondent never responded to my motion material, formally or informally. I emailed my offer to settle and the confirmation as well, and haven’t heard a single thing.

    If he just doesn’t show on Monday I have a pretty good idea of how things go. But given his track record of showing up for conferences/our first appearance without filing any material/responses, I’m guessing this is the road we’re heading down next week as well.

    How does this type of behaviour/lack of preparedness compare between conferences and motions? In the past it seems the judge hands out adjournments like candy, and is not interested in costs orders because I am self representing. Is this the case in motions, or do judges come down a little harder on unprepared litigants? Should I expect an adjournment or will the judge still consider my issues and possibly make an order?

  • #2
    It really comes down to the judge. Is the other party also self-rep? If they have a lawyer the Judge will be more inclined to allow adjournments out of professional courtesy. Most Judges also prefer to defer Costs for self rep to Trial.

    Frustrating, I know. But it is better to go in with realistic, low expectations so if the Judge actually makes a reasonable decision you will be pleasantly surprised instead of disappointed again.

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    • #3
      Respondent did have a lawyer but she removed herself as counsel a few months back.

      I’ve learned that judges only like to deal with one issue at a time anyways, so even if it doesn’t get adjourned I only expect one thing to get settled.

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