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couple of questions

Started by WhatToDo, Nov 16, 2006, 10:42:59 AM

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WhatToDo

Hi Soc! THank you for all the help you have given me! I have a couple more questions:

I have recently moved 300 miles from my previous residence. We have not had a change of venue YET. We are going to after our next hearing which is the first week of December. This hearing will be in my old residence and the hearing in DEcember will take place there as well. My atty is located in my last place of residence and my ex has said she has new representation in her new residence. (same town as I now live in)

We had a contempt hearing about a week ago and my ex didn't show up. (found out she was never served with the papers but she DID know about the hearing) My ex's atty, told mine that my ex had told him that she had representation in her new residence so he would not be representing her in our contempt hearing.

My atty. was contacted by another lawyer in town who said my ex had contaced him about the case but he was not going to represent her either. A 3rd attorney said the same thing. So when we went to court, my ex was not there and 3 lawyers saying they would NOT represent her, were there. It was obvious that my ex DID know about the hearing. (her last lawyer said he notified her of the hearing)

Her, supposed, new lawyer never contacted my lawyer concerning our hearing.

1. Why didn't she get in trouble for not attending the last hearing? Was it just because she wasn't served any papers?

2. Since she says she has a new attorney at her new residence, shouldn't this atty, have notified my atty?

socrateaser

>1. Why didn't she get in trouble for not attending the last
>hearing? Was it just because she wasn't served any papers?

Service of a summons for contempt must be personal, or by publication after diligent attempts at personal service have proved unsuccessful (very rare). Constructive/actual notice is insufficient.

>
>2. Since she says she has a new attorney at her new residence,
>shouldn't this atty, have notified my atty?

Opposing counsel has no duty to discuss anything with your attorney. Duty is to the client and to the court. If contacting your attorney is in the client's interest, then OC should contact. Otherwise, all OC must do is show up at the upcoming hearing.