Legal Question in Family Law in Massachusetts
Motion no show
My ex filed a motion to quash a subpoena. The hearing is this week. I suspect my ex won't show. What will the judge do if she doesn't come to court?
3 Answers from Attorneys
: Motion no show
I assume that you are being represented;
If you are this is something your attorney should have advised you.
As a general rule if there is a motion and the moving party is not present, the motion is not heard.
You can ask for costs and sanctions for his filing a motion and failing to show.
If you need help, contact me.
Re: Motion no show
If your ex fails to a appear for a motion she filed, the judge will almost certainly rule against her on the motion.
If she herself is the subject of the subpoena, she is setting herself up for a contempt and/or a bench warrant.
Re: Motion no show
If your ex is the moving party (she filed the motion) and she does not show, it most likely will be dismissed. You should make sure to attend the hearing. If she shows and you don't the motion could be granted in her favor.