Legal Question in Family Law in New York

I have a Preliminary Conference scheduled for September 20th. However, I am filing an Order to Show Cause to Change Venue for various reasons in the next day or two. I realize that the filing of this is only a few days before the conference so I am concerned about whether or not I need to attend the conference. I do not believe and have plenty of evidence to support this belief that this court can be impartial, and thus I do not wish to attend any hearing until the issue of venue is decided.

Thus my questions are: Does my Order to Show Cause to Change Venue supersede the Preliminary Conference? If I am motioning to change venue because I do not think the court can be impartial then how can I be expected to attend hearings there until the issue is decided? Could someone please point me in the direction of a statute, case law, rule, etc. that discusses whether motions supersede hearings?


Asked on 9/14/10, 8:26 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

No, the OTSC does not supersede anything. And a motion to change venue in a Manhattan divorce case? Unless your opponent personally appointed all the judges or has a relationship with your judge your motion is almost certainly frivolous.

Further, a PC is not a hearing. It's a scheduling conference, at which dates are set by which various milestones in a case are to be achieved, most of them related to discovery.

Sorry to sound condescending, but what you appear to need more than anything else is an attorney.

Read more
Answered on 9/19/10, 8:41 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York