On what basis are costs determined at a motion? Is it totally up to the judge's discretion or is there some law on the matter? In my situation, I did everything possible to avoid a motion, which was filed against me anyway. I tried to negotiate the issue whereas the other side stonewalled for weeks. I made reasonable offers prior to the motion, which the judge noted. I made an offer to settle which was exactly the same as the relief I was seeking. We ended up settling prior to the motion on terms that were almost identical to my offer. The judge didn't decide any of the issues. But the judge ordered me to pay costs because technically I had accepted the other side's offer (even though it was just a re-write of my offer with some minor changes). My lawyer was flabbergasted.
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Originally posted by mamabear1234 View PostI made an offer to settle which was exactly the same as the relief I was seeking.
But the judge ordered me to pay costs because technically I had accepted the other side's offer
My lawyer was flabbergasted.
Your story, brief as it is, does not make sense. I think you are leaving out some critical details.
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We informed the courthouse the issues were resolved. They pushed it to a motion by saying there were unresolved issues. They then asked for relief that they hadn't asked for in their papers, which was actually in MY papers. They did not get it and it was minor anyway. That is the reason the motion went forward despite the settlement. This is a lawyer who tried to get me to sign MOS that were totally different from their Offer which I had just accepted. This is also perhaps why the motion went forward, because I could not sign the MOS prior to the hearing (because they were incorrect).
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There is written proof. But since they contested that all the issues were resolved, the hearing went ahead. They wanted to argue costs in front of the judge. I would think if you've settled all the issues, you would just skip the motion and do written submissions to save everyone's time? Then the other side argued that they in fact won and the judge agreed with them.
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Originally posted by mamabear1234 View PostWe informed the courthouse the issues were resolved. They pushed it to a motion by saying there were unresolved issues. They then asked for relief that they hadn't asked for in their papers, which was actually in MY papers. They did not get it and it was minor anyway. That is the reason the motion went forward despite the settlement. This is a lawyer who tried to get me to sign MOS that were totally different from their Offer which I had just accepted. This is also perhaps why the motion went forward, because I could not sign the MOS prior to the hearing (because they were incorrect).
I had another lawyer say "unbelievable" to cover up their total screw up.
It sounds a bit like you are against a willfully difficult appellant. Figure out an alternative to court if you can, do not agree to anything that can be reneged on either because they will do the same thing.
Judges often get things really backwards too. Black and white backwards. System sucks sometimes if lawyers abuse it.
#^# lawyers.
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Originally posted by pinkHouses View PostI had something similar happen.
I had another lawyer say "unbelievable" to cover up their total screw up.
It sounds a bit like you are against a willfully difficult appellant. Figure out an alternative to court if you can, do not agree to anything that can be reneged on either because they will do the same thing.
Judges often get things really backwards too. Black and white backwards. System sucks sometimes if lawyers abuse it.
#^# lawyers.
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Originally posted by mamabear1234 View PostThanks - you nailed it. It was an abuse of the system and it seems there's nothing I can do. The only alternative to court is giving the other side everything they want - which is the whole point of this kind of behaviour, I guess. My lawyer is much too kind and nice. It seems that liars and bullies prosper in family court.
What you can do:
1) Don't get tied up in negotiations with a lot of back and forth. Ask for the whole solution instead of bits and pieces that are hard for a judge to figure out sometimes. Ask for that solution in a consent for review by a lawyer but say you can't agree to anything until you speak with a lawyer.
2) Be paranoid and don't give answers that seem like they might be traps. Admit you don't understand what they are saying.
3) If your affidavit is wrong or incomplete don't let the lawyer say it is good enough.
4) Be reasonable and kind in correspondence even if it pains your soul.
5) Get a Parental Coordinator or better still that plus binding arbitration.
I don't know anything about your argument and I am certainly not that knowledgeable about the law (sorry) so I really don't know but stay strong, smart and not overwhelmed. Don't talk to lawyer unless absolutely required and that means almost never....just wait.
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