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  • nervous - court tomorrow

    HI I am very nervous\

    I am self represented and have a motion trial for tomorrow. I have done the Case conferences on my own, but this is for a motion to vary child support that I brought. I am to be examined and cross-examined and I am allowed to do the same. I do not know how to go about this,

    were in open mediation, but not working..ex is badgering me and mediater does not return calls in a timely manner, canceled and didnt hear from him for almost 4 weeks (almost think in cahoots with the ex), keeping the motion date as this has gone on too long and ex wont budge on the remaining issues not even a little but wants to talk about something else. her lawyer is hoping to have the motion adjourned without consent. I don't want to adjourn

    any help would be greatly appreciated,

  • #2
    Motion or trial? If it is a motion, the lawyer would have a better chance of adjourning. Trials are usually set in stone. What are the advantages for the other party if there is an adjournment? Perhaps they have not completed their paperwork, or perhaps there is a scheduling conflict with cases that day. Have you called the other lawyer and asked why he wants the adjournment? They usually do not talk to self-represented litigants, but I did call my ex's lawyer prior to a motion. I wanted an adjournment and he refused. I took my chances and tried arguing for an adjournment at the motion, but all it got me was $5000.00 out of my pocket directly into my ex's. The ex was awarded "costs thrown away" for the preparation for the motion that was not heard. Ouch.

    I don't know your case, so I can't really say what you should expect. I would have guessed it was a motion but you say cross-examination which says to me that it is a trial.

    It is going to work different being that you are self-represented. Just be SUPER HUMBLE to the judge. Take whatever help and advice they offer. Be adamant why you do not want an adjournment(write down reasons to refer to if you need). They must be logical, you want resolution to the issues on the table, there is a change that must be made on an interim basis(if this is a motion), etc. etc.


    It won't be adjourned without you getting a chance to speak. Make sure you read your motion out to him(what relief you are asking for) and ask him if he has any questions for you at the end of your little "speech" if he is quiet. It will give you a good idea what he is thinking, whether he is open to what you are saying.

    Good luck, let us know how it goes.

    Comment


    • #3
      it is a motion, the other party's lawyer is not ready...they say thethat they applicant was under the impression that mediation was working (its not), also the mediater has not submitted report no contacted either party in 2 weeks and also before that cancelled an appointment which

      I am the one who requested mediatin adn the judges at case conferences recommened to my ext, she kept on telling mediater that she has to talk to her lawyer, drapping thigs out

      ex wont even discuss, the 2 remaining issues. saying that once i file my taxes for 2009, then the child support will change going forward, this motion is based on retro reduction of child support as i had filed in feb. part of reason for cross examination is for disclosure, (bank statements) as they are trying to say i was working under the table

      Comment


      • #4
        Originally posted by scared1 View Post
        Sounds like he is afraid to admit you may not make that much and he may have to pay more support.
        Where did you get that from?

        The poster is a MAN, who pays support, and is asking for a retroactive reduction in CS payments.

        Do you even read the posts BEFORE you reply to them?


        F11...

        You are going to have difficulty stopping the adjournment because you are self-rep'd.

        The Lawyer can cite any stupid reason why the case cannot proceed....and it is likely that the Judge will side with him/her.

        Ask for your costs for the day, if they get their adjournment.

        Try to schedule a new Motion date asap.

        Good luck today!!

        Comment


        • #5
          Did not go well, they accepted the adjournment awarded costs for the day and said if father does not agree in mediatioin by a certain date that he is liable for all costsan lawyer and judge talked amongsdt themselves and did not include me

          Comment


          • #6
            I can't imagine delighting in another person's suffering, or at the very least publishing it on this site. I am sure there are other sites you can let off steam. Stop hijacking everyone's thread with your crap. Have you ever heard of karma?

            Comment


            • #7
              Im sorry for sounding so crass however EVERYONE is dying since the day we were born we began to die. You are jsut trying to play sympathy card here and unfotunately you are going about this all wrong. When a member asked a questions and wants advice they honestly do not want to know your minute details.........these people are looking for advice from people who have been there and not fighting tooth & nail over last spoon in the drawer or looking to kill their exes self esteem and self worth. I understand scared1 you are scared however whats makes your situation any different from someone else's? I could walk outside tomorrow and get hit by a bus.........guess I am also dying then......please do not try to use that card whereas it is wearing thin with members.

              Comment

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