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What does a limited appearance by attorney on behalf of defendant for solely that motion mean? Will my response not be heard?
Anonymous2 views2 answers
The defendant has never used an attorney in the 11 years she has filed motions to get my parenting time reduced or terminated. She filed this motion and a hearing has been set. Its now 10 days before the hearing and I just received a notice in the mail of a "limited appearance" by an attorney. I don't know if that means that only her motion will be heard and I wont have a chance to talk or what. I have been told that it means nothing else can be brought up. It is a motion she filed to object to my summer parenting time schedule and beings that the hearing cant take place until after my summer parenting time starts, she has gone off her own schedule and denied me my weekend parenting time and started my summer visits late. Can I not bring that up?
Eric J. WejrochGeneral Practice LawyerFarmington Hills, MI ·
Typically, when an attorney files an appearance, that attorney is responsible for representing the party until the case is over.
Occasionally, an attorney will file a limited appearance for a specific purpose. It appears that at attorney has filed a limited appearance for the purpose of representing his/her client in this motion, but no other matters related to the case. Your response should be heard just as it would if there was no attorney representing the other party.
In respect to your questions regarding the appropriateness of her actions (and yours), you should discuss these issues with a qualified attorney. Obviously, she thinks the issue is important enough that she has an attorney representing her.
There is really no such thing as a limited appearance in the Michigan Court Rules. Some courts will accept an appearance as for a particular purpose or court hearing, but all it really accomplishes is that the attorney will not have to file a motion to withdraw later on. As far as what can be brought up, the motion defines the subject matter with or without counsel. If you want to expand on that, you should file a motion of your own and try to notice it up for the same time.
