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    kmonk10's Avatar
    kmonk10 Posts: 9, Reputation: 1
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    #1

    Feb 2, 2010, 09:04 AM
    Divorce hearing

    You better believe the "system" is set against pro se litigants! Doesn't help that my ex (husband), who filed for divorce, with a free attorney is a United Methodist Elder! The Judge was aware Plaintiff's attorney claimed to serve notice via email. Blew right past it. Yes, the hearing was continued (it was 5:00 and time to go). I received a "Notice of Continuance" from Plaintiff's attorney. Am I supposed to be called back into court for the continuance by the Judge (rule nisi?) or can the attorney call me back?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Feb 2, 2010, 01:39 PM
    You need to check with the court to see if a hearing has been scheduled.
    kmonk10's Avatar
    kmonk10 Posts: 9, Reputation: 1
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    #3

    Feb 3, 2010, 02:15 PM

    The continued hearing has been scheduled for early march. I know this because I received a "Notice of Continued Hearing" from the Plaintiff's attorney. I was wondering if to be called back to court for the continued hearing would require the Judge's signature (such as a notice of rule nisi) and not only the attorney?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Feb 3, 2010, 02:20 PM

    Again, check with the court to see if the hearing has actually been scheduled. If it has then you go.
    kmonk10's Avatar
    kmonk10 Posts: 9, Reputation: 1
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    #5

    Feb 3, 2010, 02:23 PM

    The hearing has been set. So I have to "jump" when the attorney says "jump"? Any time I have had to return for court with the ex, I have received something stating court date, time, etc. with the Judge's signature. Not the attorney's...
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 3, 2010, 02:38 PM

    No, you do not need to jump, you can petition the court for a different date.
    kmonk10's Avatar
    kmonk10 Posts: 9, Reputation: 1
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    #7

    Feb 3, 2010, 03:17 PM

    Scott, that is not the point... ugggh! The point is that this attorney (ex has never paid him a dime vs 14,000. I have paid to date) is a snake. He has not followed proper procedure on several things (never served, didn't file a motion and got a hearing, ex parte communications with judge). I do not want to go to court if he in fact should have gotten a rule nisi or something else that is actually required/lawful.

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