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  1. #1
    Join Date
    Sep 2011
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    10

    Question How Do I Update Petition for Contempt Before Next Hearing when Judge Granted Delay

    My question involves a marriage in the state of: TN

    Basically, nothing in my divorce decree nor parenting plan has been followed, and I filed a Petition for Contempt. On our court date, only my ex's attorney showed, asking for permission to withdraw and saying that the notice of hearing wasn't received in ample time... even though the attorney refused to accept my calls and the ex refused to sign for/answer the door for certified copies.

    So, my ex received one month continuance for his atty to withdraw, another month for the hearing to withdraw, another month to retain an attorney or proceed pro se... We are on the docket now for four months later... How do I go about updating the Petition for Contempt and resubmitting? My ex is still behind on everything, just has taken some things to a new level, and I would like to request additional remedies that were not requested of the court in my original petition (e.g., requiring a better medical plan, even at my cost, which his available through his employer since he selected a plan with a $7500 out of pocket that I can't afford).

    Also, I have since remarried and relocated, so do I send a notice to the court of the name and address change, in addition to the updated petition?

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How Do I Update Petition for Contempt Before Next Hearing when Judge Granted Dela

    It's your motion. If you want to withdraw your motion and refile, that's your rights. That could, of course, cause an additional delay.

    Quite obviously you would inform the court and opposing counsel of your new address.

  3. #3
    Join Date
    Sep 2011
    Posts
    10

    Default Re: How Do I Update Petition for Contempt Before Next Hearing when Judge Granted Dela

    I don't know if anyone has a link, but where do you find the rules for filing? How many days in advance is the other party to be notified?

    I didn't want to withdraw... I just wanted to modify...

  4. #4
    Join Date
    Feb 2011
    Posts
    576

    Default Re: How Do I Update Petition for Contempt Before Next Hearing when Judge Granted Dela

    If you have sufficient time until your upcoming hearing, you can file (1) an amended motion, (2) a motion for leave to file an amended motion, and (3) notice of your change of name and address all together, and serve your ex. Depending upon your local rules, you may need to provide the judges coordinator or scheduler a copy of your amended motion and motion for leave to file.

    Worst case is it gets denied and you proceed on your original motion.

    However, it you do file these in time, the likelihood your amended motion will be heard is pretty good.

    http://www.tncourts.gov/courts/supre...ivil-procedure

    RULE 15. AMENDED AND SUPPLEMENTAL PLEADINGS

    A party may amend the party's pleadings once as a matter of course at any time before a responsive pleading is served...

    Otherwise a party may amend the party's pleadings only by written consent of the adverse party or by leave of court; and leave shall be freely given when justice so requires.

    ... A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within fifteen (15) days after service of the amended pleading, whichever period may be longer, unless the court otherwise orders.

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