Legal Question in Family Law in Michigan
request for hearing
I recieved a request for hearing on a motion in the mail from my ex-husbands lawyer asking for a court date for his motion, against my motion which was already filed with the friend of the court.
Does this letter mein i have to appear in court or are they just requesting a date?
And how does this affect my motion already in place?
Please advise
1 Answer from Attorneys
Re: request for hearing
Their hearing should be at the same time as your motion is heard. If you didn't request a hearing, chances are your motion will not be heard, even if it came first. Get on it now, because filing a request with the FOC is NOT the same as filing with the court to be heard.
The request for a hearing means that no hearing has been set up to date on THEIR motion. Once a hearing date has been set, you SHOULD be served with this date by opposing counsel, but do't leave it to that person to notify you. Stay on top of it yourself.
Since it appears that you are representing yourself, you need to make sure you stay in touch with the judge's clerk to ensure that you are fully aware of all hearings that are scheduled in your case.
Ask the clerk if you can access your case hearings on-line. At least in Washtenaw County, you can access your judge's schedule fairly consistently on-line.