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Old 06-12-2011, 09:51 AM
gumby gumby is offline
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Default more confused than ever: motion & settlement conference

Hi everybody
I am about to file a motion about our schedule. It is a "short" motion but duty counsel told me I should provide an affidavit. I have been told everything by them from be specific (which is my intention) to ask for everything. We have a settlement conference a week later so i don't want to overburden the judge and anger him/her when the stuff could go in the settlement conference, but I don't want to be told, "why didn't you ask for this before?"
What I am confused about is the relationship between the conferences and the motions. If you want an order to be made, does it have to be at a motion? Or can you ask for an order to be made at a settlement conference? Or do you have to ask permission at the settlement conference to file a motion if the other party does not agree?
Are only the motions part of the trial evidence or are affidavits sworn for a conference also part of the trial?
Also I have to refute some of his affidavit material - lawyer told me at the time it was not worth it to reply but I don't want it staying on the record. Where do I deal with this, motion or case conference? Again, I don't want an order made based on false info.
Thanks in advance. I am so stressed out about this I am not sleeping so hard to think straight. It is really nice to have the benefit of people who have been to court - I am in the category of people who really can't afford a lawyer but can't get legal aid - I would pay my excellent lawyer but she is on leave and I can't afford to "start over" til she comes back.
Old 06-12-2011, 06:31 PM
gumby gumby is offline
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bump please
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