Legal Question in Family Law in California
Motions after judgment
I mistook the date for my divorce trial. The trial went forward without me. I filed a motion to set aside but was in the hospital when the hearing took place. It was taken off calendar. Do I have any chance a new trial?
2 Answers from Attorneys
Re: Motions after judgment
You should refile your motion and attach a declaration explaining the reason for your absence, and why you were unable to notify the court of your inability to appear. Also include a statement from your doctor and hospital bill for your stay. This will increase your chance of success in the new motion.
Re: Motions after judgment
You can and should file your motion and based upon what you have said you will probably succeed. I strongly suggest that you retain an attorney who can make sure you are represented and ask for a continuance if you cannot show. Good Luck, Pat McCrary
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