Notice of Hearing.

Family Law 2 views 3 answers
Motion filed for an ex parte order to compel discovery in family law case. Judge did not rule and instead served notice of hearing. I never received a single document of disclosure from opposing counsel, What is to be expected at the hearing?

Attorney Answers

3
Michael Patrick LobergCriminal Defense AttorneyLargo, FL ·
It is impossible to answer your question without more information. Who filed the motion for ex parte order (you or opposing counsel)? Do the local rules allow for ex parte orders on discovery issues? Etc. Your best bet is to consult with a lawyer in your area (most give free initial consultations) who can get all the facts and give you advice. Please let us know if these answers are helpful and/or the best by clicking the appropriate button. Good luck!
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James F. Feuerstein IIIBankruptcy AttorneyTavares, FL ·
If you are having to ask these very basic questions, then your need for legal counsel should become evident. Most motions require notice to the opposing party and an opportunity to be heard. This is called due process. If mandatory disclosure or requested discovery has not been timely provided, the judge will likely give them a short period of time to comply.
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A Mullaney ·
You can expect the judge to give them a relatively short period of time to produce the required documents. The hearing is to give the other side a chance to state why there has been a delay. There are a few good reasons (travel, death in the family, hospital, ...)
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