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No word form the court re: motion/response filed

Started by Imom, Aug 07, 2005, 11:41:11 AM

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Imom

I, the Respondent, filed an Emergency Motion and Affidavit for Order Clarifying Transportation and to Enforce Transportation Provisions.

The court determined a hearing should be set and did so for August 11.

The Petitioner, Mother, with her attorney filed a motion for her (Mother) to be allowed to appear by telephone.

I filed a response to oppose the Petitioner's motion.

I have not received a response from the court re: her motion/my response. As my questions may be out of scope I understand if you are unable to answer/give a clear answer. However, I do thank you for your time.

These questions are referring to her motion to appear by phone/my response to that motion.

1. How long do "court" have to issue their response in these types of motion?

2. What happens if there is no response from the court?

3. If the answer to number 2 is along the lines she must appear in person what will happen is she does not but her attorney does?

    b) What happens if neither of them does?

4. Is there anyway her attorney could try to pull a continuance due to the short notice or no response from the court re: her motion.

    b) Is there anyway I can oppose/object to a continuance.



Again,
Thank You

socrateaser

>1. How long do "court" have to issue their response in these
>types of motion?

It's up to the court.

>
>2. What happens if there is no response from the court?

The hearing will go forward, and the parties will either appear or they won't. This is a civil action and there is no REQUIREMENT that either of you appear, unless you specifically notify/supoena the other party to appear for the hearing (I don't know if notice is all that's required in your jurisdiction, so I can't say).

>3. If the answer to number 2 is along the lines she must
>appear in person what will happen is she does not but her
>attorney does?

Nothing, unless you've forced her to appear.

>
>    b) What happens if neither of them does?

The judge will be way angry and you will probably win, and probably get all your attorney fees paid by the other party/attorney.

>
>4. Is there anyway her attorney could try to pull a
>continuance due to the short notice or no response from the
>court re: her motion.

Always a possibility.
>
>    b) Is there anyway I can oppose/object to a continuance.

Same way as you're opposing the appearance by telephone.