Legal Question in Family Law in Florida

Hearing Scheduling

I am pro se. Opposing counsel knew I would be out of town on business one week in the next 4 months. He set a hearing date unilaterally, without contacting me at all. I have sent a motion to the judge to have the date changed but I have received no response. I have emailed the JA without response. Do I have any options?


Asked on 9/19/07, 6:10 pm

2 Answers from Attorneys

Robert Jerald Landt, Wiechens, LaPeer & Ayres

Re: Hearing Scheduling

You need to call the JA directly and also contact the opposing attorney and notify them that you are not available on the scheduled date and time and request that the hearing be rescheduled. The JA should accomodate your request. Also, request that in the future all proposed hearing dates be run by you prior to scheduling same.

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Answered on 9/19/07, 6:29 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Hearing Scheduling

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Filing a motion is not enough. You need to call the judicial assistant to the judge or the judge's setting clerk and set your motion to be heard. Tell them that it is an emergency motion and explain the nature of the motion and why it must be expedited. It will not generally be set by itself nor will anyone do it for you. Emails to the court are not considered to be a method to conduct business.

Scott R. Jay, Esq.

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Answered on 9/19/07, 11:34 pm


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