Hearing

[g_staiger]

I posted a few days ago, "what happens next?" it was about what happens if BM doesn't respond to my request for custody. Well, she did. She filed her answer and my attorney called and said there wasn't anything special in it just her saying she doesn't agree with the changes in circumstance.  

I went into Missouri Casenet and saw they have scheduled a hearing and last time we went back to court for modification to the parenting plan my attorney told me not to worry about the hearing. Well, back then when I checked the case out on casenet it said my attorney wasn't there and her attorney was. When it came time for the trial my attorney has something personal come up and she asked for a continuance and it was denied and the case was closed. We had to start all over from square 1 and request a new judge.

Here is what it says about the hearing:

Cause is set for November 4, 2005 at 1:45 p.m. for consent hearing, scheduling conference, discovery schedule, trial setting or other order. Counsel requested to provide agreed upon discovery schedule on or before said date and, failing same, Court will set discovery schedule if appropriate. If for trial setting, counsel to submit available trial date. Clerk to notify.

My questions are:

1.  Do I need to be at this hearing?

2. Does my attorney need to be at this hearing?

3. If my attorney tells me I don't need to go, should I go anyway?

4. What do you think judges think about attorneys who don't show up for these hearings?

Thanks :)

[socrateaser]

>Here is what it says about the hearing:
>
>Cause is set for November 4, 2005 at 1:45 p.m. for consent
>hearing, scheduling conference, discovery schedule, trial
>setting or other order. Counsel requested to provide agreed
>upon discovery schedule on or before said date and, failing
>same, Court will set discovery schedule if appropriate. If for
>trial setting, counsel to submit available trial date. Clerk
>to notify.
>
>My questions are:
>
>1.  Do I need to be at this hearing?

Depends on what your attorney wants to try to accomplish.

>
>2. Does my attorney need to be at this hearing?

See #1.
>
>3. If my attorney tells me I don't need to go, should I go
>anyway?

See #1.

>4. What do you think judges think about attorneys who don't
>show up for these hearings?

Nothing.

This is a "status" hearing. The judge wants to bring the attorneys into chambers and ask them what the case is about and whether anything can be settled. The attorneys will give 5 minutes of your story, the judge will say how he's leaning and that the attorneys should try to settle this matter before trial, and then the attorneys will come out and tell you what each thinks you can win.

If you have a compromise agreement to offer, this is a good time to offer it, because sometimes you can close the case right there. The problem is that if the other party doesn't show, then you can't settle immediately, which gives the other party time to wiggle off the hook, if they take your bait.

You should discuss your strategy going into this hearing, if you think there's any possibility for a settlement. If you don't think that there is, then there's no reason for you to show up, because you're just going to go to trial no matter the outcome of this hearing.

[g_staiger]

I posted a few days ago, "what happens next?" it was about what happens if BM doesn't respond to my request for custody. Well, she did. She filed her answer and my attorney called and said there wasn't anything special in it just her saying she doesn't agree with the changes in circumstance.  

I went into Missouri Casenet and saw they have scheduled a hearing and last time we went back to court for modification to the parenting plan my attorney told me not to worry about the hearing. Well, back then when I checked the case out on casenet it said my attorney wasn't there and her attorney was. When it came time for the trial my attorney has something personal come up and she asked for a continuance and it was denied and the case was closed. We had to start all over from square 1 and request a new judge.

Here is what it says about the hearing:

Cause is set for November 4, 2005 at 1:45 p.m. for consent hearing, scheduling conference, discovery schedule, trial setting or other order. Counsel requested to provide agreed upon discovery schedule on or before said date and, failing same, Court will set discovery schedule if appropriate. If for trial setting, counsel to submit available trial date. Clerk to notify.

My questions are:

1.  Do I need to be at this hearing?

2. Does my attorney need to be at this hearing?

3. If my attorney tells me I don't need to go, should I go anyway?

4. What do you think judges think about attorneys who don't show up for these hearings?

Thanks :)

[socrateaser]

>Here is what it says about the hearing:
>
>Cause is set for November 4, 2005 at 1:45 p.m. for consent
>hearing, scheduling conference, discovery schedule, trial
>setting or other order. Counsel requested to provide agreed
>upon discovery schedule on or before said date and, failing
>same, Court will set discovery schedule if appropriate. If for
>trial setting, counsel to submit available trial date. Clerk
>to notify.
>
>My questions are:
>
>1.  Do I need to be at this hearing?

Depends on what your attorney wants to try to accomplish.

>
>2. Does my attorney need to be at this hearing?

See #1.
>
>3. If my attorney tells me I don't need to go, should I go
>anyway?

See #1.

>4. What do you think judges think about attorneys who don't
>show up for these hearings?

Nothing.

This is a "status" hearing. The judge wants to bring the attorneys into chambers and ask them what the case is about and whether anything can be settled. The attorneys will give 5 minutes of your story, the judge will say how he's leaning and that the attorneys should try to settle this matter before trial, and then the attorneys will come out and tell you what each thinks you can win.

If you have a compromise agreement to offer, this is a good time to offer it, because sometimes you can close the case right there. The problem is that if the other party doesn't show, then you can't settle immediately, which gives the other party time to wiggle off the hook, if they take your bait.

You should discuss your strategy going into this hearing, if you think there's any possibility for a settlement. If you don't think that there is, then there's no reason for you to show up, because you're just going to go to trial no matter the outcome of this hearing.