jdfkl

Blindsided by Motion just before Hearing -- How to retain rights?

Recommended Posts

The OC and I have a scheduled conference in a few days where the judge would like an update on a matter.

 

However, I just received a hefty motion from the OC.  I am concerned the OC would like to turn this upcoming conference into an opportunity to discuss the merits of their blindsiding motion.

 

Based on the past, I would not be surprised if the judge would also like to discuss this new motion, as it is relevant to the topic we are planning to discuss anyway.  (I have been denied responsive rights by this judge before -- who just wanted to make a decision right then, and did not want to give me time to document my arguments.  I *barely* succeeded that time.)  

 

In order for me to submit a quality response on this new motion I really need the 13 days allowed by the rules -- which will end after the conference is over.

 

Here is my quandary:  How do I respectfully retain my rights to fully respond to the new motion while not angering the court?  

Share this post


Link to post
Share on other sites

If they try to argue the motion on the day of the hearing, object an state that you are still in the process of forming your response based on the court rules.  If the judge tries to move it forward, object and say you are being prejudiced by not being afforded the allotted time to form a response.

 

If you fear that the judge will push the issue, have the hearing on record by getting a court reporter.  This will preserve the issue for appeal.

  • Like 4

Share this post


Link to post
Share on other sites

while not angering the court?  

 

If my rights were being trampled on, I wouldn't care if I angered the court. The rules are the rules, you have the right to prepare an opposition to their motion. Object on the record to preserve the issue for appeal.

  • Like 5

Share this post


Link to post
Share on other sites

Yep, and be sure and tell the judge you would like to make sure your objection is noted for appeal if he gives you guff. Then he is on notice he must follow the rules, they don't like to lose appeals when they know they errored.

  • Like 4

Share this post


Link to post
Share on other sites

I would prepare an opposition to the motion and on the court day respectfully request that the time be extended if he says no request a statement of decision and your objection to be noted in the minutes and that you would like to submit this opposition that I have repaired. Blindside them and let good for the goose work for you for a change.

  • Like 2

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.