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Did she file the correct paperwork?

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  • Did she file the correct paperwork?

    We have a Trial Management Conference scheduled for next Tuesday.
    She faxed over some paperwork to my lawyer yesterday. She is unrepresented at the moment.
    The paperwork was filed with the court yesterday.
    She filed a form 14c and a 17a, which is a Case Conference Brief.
    We don't have a Case Conference scheduled
    My lawyer is on vacation until Thursday.
    Two weeks ago we asked for an adjournment until Feb.
    Found out yesterday that she will not adjourn.
    Did she file the wrong paperwork?
    What would this mean?

  • #2
    I don't think you should sweat it. If her materials are not up to the judges standards, it's not really your problem is it? In fact it may be good for you. Just make sure you file what you need to file.

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    • #3
      You will see that it really doesn't matter to the judge what form she used, just as long as she filed something that has all of the required information in it. The problem is that the areas to fill in for a case conference are different than a TMC. For instance, you will need a witness list and the TM Brief has a spot for this etc. The judge may not be impressed if she doesn't have that information handy. It may well be adjourned so that she can complete it. But if that happens, your lawyer should ask for costs! She was unprepared and you obviously have legal costs to have the lawyer there and to prepare the documents.

      If she doesn't have something written up with all of the information needed in a Trial Management Brief then she will end up causing a delay by taking the time to write it up as she goes. She would then have to photocopy the documents and give you one that day. It would really be a mess if she doesn't have the right information written down for the judge and yourself. You are supposed to see if you have duplicate witnesses to estimate a time block for the trial(if it gets that far) and to set a date in stone.

      The judge will not be sympathetic to her self-represented story if she isn't completely prepared.

      Don't worry. You may well get your adjournment.

      Comment


      • #4
        My ex and I both self-represented, and if we weren't properly prepared it DID irritate the judge. The court system does not want to drag out court cases, and unprepared applicants/respondants can tie up the system when they don't do their homework properly. That ends up costing us all money in the end. Most of the time it was my ex pissing off the judge, but one time it was me and the judge didn't cut me any slack either.

        Anyone self-representing should make GOOD use of the free duty counsel available right there at the courthouse. It is free for ANYONE, even rich people who self-represent. The nice thing is, if you don't earn enough, you are allowed to take one of the duty counsels into the court room with you for help while you are in there. They will figure this out for you right there on the spot. Get to court early and take advantage of this. I did this every time and it was WONDERFUL. If you earn enough to afford a lawyer, they won't provide one for you inside the court room, but you are still entitled to free advice before and after your time before the judge. My ex didn't qualify for a lawyer in the court room, but I did.

        Comment

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