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  1. #1
    Join Date
    Apr 2009

    Unhappy How to File Emergency Motion, Same Day As Hearing

    I filed for visitation of my daughters, opposing counsel requested an extension, stating there was not enough time for them to prepare a response. (2 weeks) A status hearing was ordered for this upcoming Wednesday.

    HOWEVER, in the meantime, they blindsided me with paperwork and motions to be heard on the same day. In other words, in hopes the judge would hear their side before mine, requesting psych evals, medical records, and that my attempts to visit my daughters be stopped until they are allowed to view all of my medical records. I responded to their motions in an appropriate time frame, before realizing their intent.

    How do I file an Emergency Motion to continue the hearings they requested so that my Motion For Visitation be heard before there motions? Do I bring it into court with me, or do I have to file it and give notice beforehand? Again, the court date for my status hearing is on Wednesday, as are their hearing dates. I'm trying to prevent the the judge from hearing their side prior to mine.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: How to File Emergency Motion, Same Day As Hearing

    Why would the judge be interested in delaying the hearing on their motions, when he can resolve all of the pending motions at once? "I think the delay will give me a strategic advantage" is not an argument that's going to win in court.

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