Legal Question in Family Law in Washington

Is the family court required to honor a client's Notice of Unavailability filed weeks prior to the court's scheduling a hearing?


Asked on 7/25/11, 11:01 am

1 Answer from Attorneys

Amir John Showrai The Pacific Law Firm, PLLC

Generally, yes, but I would qualify that by saying no, not in an emergency situation. So, it depends on what kind of hearing we're talking about. A routine motion for temporary financial orders? Yes, the court should way, provided counsel and the court have copies of your Notice of Unavailability. An emergency motion for a protection order? No, however, if you can be reached by telephone, they ought to try and at least reach you that way to allow you to participate.

Last, you wrote, "a client's Notice of Unavailability." If you are a client who has counsel, and your counsel is available, then that's another story all together. Unless your participation in the hearing is critical, the court can properly move on without your presence. Again, it depends on what type of hearing. A routine hearing that can be continued two weeks to allow your return, will probably be continued if your attorney explains why your presence is critical for them to prepare a response to the motion. An emergency hearing, is less likely to be continued on that basis, especially if your attorney has some telephonic or e-mail access to you.

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Answered on 7/26/11, 3:34 pm


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