Legal Question in Civil Litigation in California
I made a court appeareance for an O.S.C. Hearing on Tuesday February 19, 2013 Telephonically using CourtCall, and the judge was acting irrational and wouldn't let me talk much and "cut-me off" many times, and then asked me to come in person to his courtroom the next day.
The court's minute order was filed later that same day reflecting the Judge's order asking me to come in, but the court clerk never mailed me a copy of the order and the court's file doesnt have a Proof of service, which further proves that I wasn't served with the order.
If I would've filed a Motion For Reconsideration Re: February 19, 2013 Court Order, the next day (Wednesday, 2/20/13) early in the morning when the court opens & before the continued hearing, would that have moot the judge's order from the previous day, so that I wouldn't have to appear later on at the continued hearing that same day (Wednesday 2/20/13)?
My Motion For Reconsideration would've been based on Different Facts, that I was unable to introduce as evidence at the OSC hearing cause the judge repeatedly interrupted me.
3 Answers from Attorneys
I am trying to figure out what the question is. Its all in the past and now all speculative. The court can require personal appearance. Sounds like you did not show???
Since you had appeared at the hearing, you had notice of the order. Service of the paper copy upon you is unnecessary for the order to be effective. Note also that you were likely not "asked" to appear the next day -- you were ordered to do so. Your failure to appear likely constitutes violation of the court order, and contempt of court.
Filing papers the morning of 2/20/13 would not have nullified the order. The only thing that would have altered the order of 2/19/13 is a subsequent order that modifies or replaces what the judge decided on 2/19/13.
The fact that the judge interrupted you also means nothing. Judges cut lawyers and parties off all the time. It's a fact of life in a justice system where the courts simply have too many cases to handle.
It sounds to me like you need to hire a lawyer. There is a strong possibility that you are doing yourself more harm than good. Indeed, your question strongly suggests you lack the basic knowledge of court procedure to effectively represent yourself.
I agree with Mr. Perry. There are several points I'd like to add:
1. It's hard to imagine a basis for reconsidering an order to continue a hearing to the next day and telling you to appear in person.
2. Moving for reconsideration does not "moot" a court order. It asks the court to reconsider that order. The order remains in effect unless and until the court changes it. So even if you had filed a motion before court that morning you would still have had to appear.
3. If the court ruled against you on the merits of the OSC, you might be able to seek reconsideration of that ruling -- but only if you could show the court new and different facts and/or new and different law.
4. "New and different" means something you could not reasonably have included in your papers the first time around. You haven't said whether you filed papers ahead of the OSC or not. That is the way to get your evidence and argument in front of the judge. You are not supposed to just show up at the hearing (whether by phone or in person) and start talking. If you didn't file the papers you were supposed to file, then factual and legal arguments which should have been in those papers will not qualify as "new and different" now.
As Mr. Perry said, you need a lawyer right away.
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