Derrick Richards wrote:
H'lo, well it has been awhile since I have been on this forum and asked for assistance but here I am again, as you have been very helpful so far.
I was supposed to have a hearing on a return date of September 16th. The day before late in the afternoon, the clerk from the court called me and told me that the Motion for Time Extension was reset to October 28th and having to appear was unnecessary, so I breathed a sigh of relief and kept preparing my case.
Now, this is where I need your help. The plaintiff's attorney is really trying to hinder this event. First, he didn't even know he didn't have to appear, as the court told me they would just look at the motion papers. Then he kept sending me letters, like he was including all this correspondence between us that has nothing to do with the attention to this motion.
I have no idea what this counselor is trying to accomplish. I mean I had other attorney look at his correspondence and it seems like he is trying to influence the court with papers that have nothing to do with just granting a simple time extension request.
So, can he do this? I have written out 2 responses and am sending them out Monday, as all this posturing seems improper. I mean, he is mentioning things that have no bearing on this motion. Am I allowed to include other correspondence also, or is he only the one who can keep sending the court all these documents. I guess what I am asking is how can he travel down these avenues that don't lead to the judge's decision to either grant me an extension of time or make me respond to the complaint? I will await your expertise, thanks for assisting, DR
I'm not an attorney and this isn't legal advice....
My first thought Derrick to your post would be that if you have a hearing, you had better show up.
In my case if I (or the Plaintiff) submit a motion such as a continuance or enlargement (which I have a 1" thick pile of) that does NOT require our attendance it is NOT set for hearing. It is submitted to the Judge and he signs the order. A copy is then mailed out to the parties by the clerk. IF some motion was set for hearing, I think by definition, you need to show up before the judge. I personally would NOT roll the dice on this one.
You really need to read the rules and understand the procedure that the court in your jurisdiction uses. These are the kind of nuances that can vary from jurisdiction to jurisdiction.
In most jurisdictions there is a problem with ex-party communication with the judge. That would be one party communicating to the judge directly without the other party about the case. This is NOT a problem when communication with the court is given to YOU ALSO which is most likely why you are getting a copy of correspondence the opposing attorney is sending to the court. While the information the oppisition is sending is obviously intended to sway the judge in the Plaintiff's favor in some way, this correspondance does NOT necessarly have any impact on the current pending motion. This is really where being an attorney fimilar with the court and your judge is really an advantage.
Maybe a few other members that have more experiance with ex-party communication will chime in.