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?
2 Answers from Attorneys
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.
Re: Hearing Scheduling
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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.