Legal Question in Family Law in New York
Want to get files and depose an attorney
I need help. During a Show Cause Hearing I maintained that I never attended a Preliminary Conference on March 15, 2001. The Preliminary Conference Order was not signed by any of the parties alleged to have been at that conference. The Judge stated that the only record there is of that conference was the notes of the law clerk or legal secretary. Those notes stated that the Judge had addressed the parties and that he forgot to have the parties to sign the order and he just gave it to the judge to sign. My ex’s attorney when asked by the Judge was she present at the conference (her name was listed as being at the conference) she stated that an attorney named Anita Marshall was present in her place. I would like to if I can and what are the steps I need take to be able to get copies of the law clerk’s notes and how can I get some kind of deposition from Ms. Marshall as to her alleged participation at that conference. I can through bank atm bank card withdrawals prove were I was at a certain time and if I can subpoena my jobs time sheet records to show I was at work. I want to show that the conference never happened and the whole process leading up to the divorce was bogus and lacked due process.
1 Answer from Attorneys
Re: Want to get files and depose an attorney
Why is there such a big fuss over a premliminary conference? At the conference you generally set a schedule for completion of discovery. You may also deal with pendente lite child and spousal support.
Without knowing all of the facts, it seems to me that someone wants to engage in protracted litigation.
Ninety-eight percent of all divorces are settled. Has your attorney made any efforts to settle the matter?
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