need help quick

[SM_in_FL]

Soc,
Today's hearing was a disaster because we were notified of the hearing on the wrong floor and it went on without us. When we did find out, we went down and the judge wasn't too happy and basically was for the mother and not very receptive to dh. We're receiving the order in the mail, but I just need to have it for tomorrow for other reasons.........so



1)  how do you write a motion to set aside an order placed by a judge?

2) Can you give me some kind of template or something?

thank you soc!
sm

[socrateaser]

>1)  how do you write a motion to set aside an order placed by
>a judge?

Frankly, I think you're wasting your time, because there's a calendar posted for every courtroom, and if your name wasn't on it, then you had a responsibility to find out why. Someone in the clerk's office should have been able to tell you where to go, and you should have been there early enough in advance to deal with this sort of possibility. But, and assuming that you have some written evidence of your incorrect notice, then:

Respondent, pro se, hereby appears and moves that the court vacate its final/temporary orders/judgment made on ??/??/??, and order a new hearing, on grounds that Respondent was incorrectly notified of the correct place of the hearing (see Exhibit ??, attached), and as a consequence, was unable to appear and defend.

In support of this motion, I, YOURNAME, do hereby declare as follows:

1. That I am the Respondent in the above-entitled action, and if called upon, I could and would testify competently to the facts set forth herein of my own personal knowledge.

2. (State the facts that kept you from being present for the hearing).

3. etc.

I declare, under penalty of perjury, under the laws of the State of Florida, that the foregoing is true and correct.

Dated, this ______ day of _____, 2004

By: __________________

[SM_in_FL]

Soc, I have heard from other attorneys that this judge isn't too keen on men litigants in general. Therefore......

1) Would it be prudent to file this motions? I mean won't it royally tick her off and make matters worse for my husband?
thanks!
sm

[socrateaser]

>1) Would it be prudent to file this motions? I mean won't it
>royally tick her off and make matters worse for my husband?
>thanks!

I don't know how important the hearing was or what was at stake, so I can't tell you, however, if you believe that there is some bias operating here, then you should file a motion for the judge to recuse herself, assuming that you can state grounds that will cause the judge to reflect on her own behavior.

You can't make things worse for yourself if the judge is already operating against you. On the other hand, you need to consider what you've lost in this recent hearing and whether it's really worth creating a stir over.