Legal Question in Family Law in Indiana
I wrote an email to the judge in my case asking him about my motion to dismiss. I simply asked him what the court's next step would be, i.e. "would you order the motion to dismiss (if you choose to do that) or do you hear the motion on the court date already set, or do you set a new court date to hear the motion". I didn't ask for legal advice, just what the court does next. The judge sent a note to the opposing attorney saying that it was unacceptable for me to contact him and that if the opposing party needed additional time to respond he would grant it. They asked for more time and two days after they asked for it, the judge granted it. My question is a two part question: One, how can the judge simply give permission for a continuance based on my email, and two, don't I have a right to rebut his request for a continuance? This seems very unfair and against the grain of the law. The judge basically hands the opposing party a continuance and I get no opportunity to oppose to the continuance.
1 Answer from Attorneys
That is why you don't email the judge. ALL communications with the court have to be copied to the other side. It may have seemed like a different request to the judge, but not knowing the background of the case, I can't really comment. If you are representing yourself, you are held to the same standards as an attorney.
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