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  • Trial Record served to me late now I'm running out of time

    Hi All,
    The trial record was served to me late by her lawyer.
    I really could use an adjournment to get my ducks in a row, so to speak.
    I think the trial record is suppose to be serve no later than 30 days before the trial. I got less than two weeks before the "trial sitting" a 3 week band of time where my trial is suppose t take place.

    The ex has not been disclosing documents to figure out her income and say she just can't get that, but I'm pretty sure with a little effort she could.

    I would really like a way to adjourn this even a month is better than nothing.


    Her lawyer is always serving stuff late and not giving me enough time to respond.

    What can I do?

  • #2
    Originally posted by Paulzinho View Post

    Her lawyer is always serving stuff late and not giving me enough time to respond.
    That's what they do best! Nothing new.

    Originally posted by Paulzinho View Post
    What can I do?
    Continue going forward. Are you self representing? If I were you I would want this over and done with already and do you really feel that you will be that much more prepared in a month? I don't think if you are able to reschedule that you will get a new date that fast but I could be wrong. Have you tried to call the courthouse and ask them for assistance? Rescheduling means having to have the witnesses informed (if applicable) and change the date etc. It seems more just a hassle. I would just start working your butt off and going with the set date. You are asking them to postpone the inevitable for 2-4 weeks. Just my thoughts... I would totally get a second opinion

    Comment


    • #3
      lol, lots of time to line up the ducks. Can we say "Staples." Add your obligations to the TR that they served you. Some examples, but not limited to:

      Answer;

      Financials;

      Book of Evidence;

      Book of Authorities.

      Comment


      • #4
        Originally posted by logicalvelocity View Post
        lol, lots of time to line up the ducks. Can we say "Staples." Add your obligations to the TR that they served you. Some examples, but not limited to:

        Answer;

        Financials;

        Book of Evidence;

        Book of Authorities.
        Hi LV not sure what your reference to Staples is. Do you mean I going to do a lot of photocopying?

        Comment


        • #5
          Originally posted by tugofwar View Post
          That's what they do best! Nothing new.



          Continue going forward. Are you self representing? If I were you I would want this over and done with already and do you really feel that you will be that much more prepared in a month? I don't think if you are able to reschedule that you will get a new date that fast but I could be wrong. Have you tried to call the courthouse and ask them for assistance? Rescheduling means having to have the witnesses informed (if applicable) and change the date etc. It seems more just a hassle. I would just start working your butt off and going with the set date. You are asking them to postpone the inevitable for 2-4 weeks. Just my thoughts... I would totally get a second opinion

          Yes I am self representing. And the courthouse is of minimal assistence with summary advice and help filling out paperwork. I'm not elegible for Legal Aid because I own my own house.

          I would feel better for with more time since I'm needing more time for a my counter Business evaluation not done yet. With two weeks before the trial sitting I just don't have the confidence that I know what I am doing yet. Plus I'm having difficulty getting professional help (lawyers for consulting, paralegals for help) to even call me back. It's fustrating.

          Also I was hoping that her lawyer being in the business would be more accountable some how.
          Last edited by Paulzinho; 11-15-2010, 04:47 PM. Reason: typo's

          Comment


          • #6
            It is likely that lawyers are not going to be willing to help at this point unless you retain them.

            There is no "accountability" in family law. Late filings rarely get a slap on the wrist. Most likely the judge will roll their eyes but still allow it.

            You need to go forward with your case and have it laid out step by step for yourself. Make sure you have a progression of your arguments and relevent evidence. Think about it like an essay (opening paragraph---thesis statement, then body papragraphs describing your arguments, showing relevant evidence to support--finally, conclusion restating your main points.)

            Comment


            • #7
              To move the matter forward as suggested by Tug and Billie;

              Much copying required to line up the pillars. However, Seven days a week Staples or equivalent is a reasonable resource for the Self rep. Do it yourself or drop stuff off for additional fee.

              Comment


              • #8
                We are due to go to trial a week tomorrow and the other party has not completed their trial record yet.

                Comment


                • #9
                  What little I know is this:

                  Only one side is in charge of the trial record, the applicant side.
                  Trial record must be served 30 days before the trial.

                  I would send a letter to te opposing council and tell them that you have yet to recieve the trial record and therfore the trial has to be ajourned.

                  Call the trial co-ordinator and let them know what the situation is.

                  Perhaps go to the trail purge date and let the judge know what the situation is and as for this matter to be taken off the trial sitting.

                  get familiar with the family law rules:

                  Check this document specifically about trials:
                  http://www.attorneygeneral.jus.gov.o..._part_9_en.pdf

                  Comment


                  • #10
                    Thanks for the info.

                    Our side has been hesitant to contact her side about this because we are worried they would want to adjourn the trial. We want to get this over with. I was wondering if them not completing a trial record matters, or if a judge will frown upon it.

                    Comment


                    • #11
                      I see you don't want an ajournment. Humm, do you have a lawyer? Because I'm sure the judge will be very unhappy.

                      I pretty sure that the Trial record is required.
                      I am not sure about more or what the judge may do or order the other side to do.

                      Have you checked to see it it has been filed at the court house?

                      Perhaps you should attend the Trial purge and ask tell the judge that you did not recive the trial record but don't want to be prejudice by a delay in the trial? Judge will problably make some sort

                      Comment


                      • #12
                        I think that would be a major "frowning" situation by the judge.

                        Comment


                        • #13
                          We do have a lawyer. This isn't the first issue we have had with her side. Her lawyer is a bit of a nut case. They faxed something to my husbands lawyer that my husband needed to sign. She then faxed them the next day saying that they had the paperwork for 24hrs already and that that should have been enough time for him to sign and return, and that she will hold him in contempt. (not sure if that is the correct way to phrase that). Yet, they can delay in filing their trial record and still not have forwarded us required documents determined by our case conference back in August. We (including our lawyer) just sit back and scratch our heads not understanding what they are up to.

                          I hope that this will all make them look bad next week.

                          Sigh. Can't wait until this is over.

                          Thanks for your feedback.

                          Comment

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