Hi, recieved motion to enforce court order therapay for my children and notice of hearing at the same time without giving me ample time (20 days) to answer motion. Opposing counsel refuses to change hearing date (have to work that day too). what is my next move, what motion can I file? thank you.

Maria:

What date was the Petitioner's Notice of Motion, Petitioner's Motion, and Petitioner's Order date stamped from the court or the United States Postal Service?

When did you receive said Notice, Motion, and Order?

Its very hard for any of us to help you as there are lots of the details that is missing.!

You type that you do not have ample time, which is why I am asking you those Two (2) questions as stated above.

If your concern is needing more time, submit a Notice of Motion, a Motion for Enlargement of Time, and a Order for the Judge to either Grant your Motion for Enlargement of Time or Deny your Motion for Enlargement of Time.

Hope this is of some help to you Maria....
* Last updated by: FULFILLING1 on 11/1/2014 @ 5:15 PM *

Hi Fulfilling1,

The petitioner's motion and the notice of hearing were both filed in court last Oct. 27 (same day), and the hearing is set for Nov. 5 for 15 minutes. By law, I think I have 20 days it says, for me to answer their motion. I actually have started to make a motion to cite the opposing counsel for contempt for refusing to give my due process of answering their motion. I know he is trying to railroad me because I don't have documentation yet for the judge to read about my defense and he has his motion file.I have corresponded to him multiple times and giving him 3 optional dates to re-schedule (also informed him I will be working that day) but he won't accommodate me. Also, he has filed a separate motion for have me pay his attorney's fees which is absurd.

Thank you for responding.

Maria:

First you need to make sure your time to OPPOSE said MOTION is Twenty (20) days. You typed that you think you have Twenty (20) days. That concerns me, as you have not read, and looked at how many days you really do have to submit an OPPOSITION to Petitioner's said MOTION.

In your OPPOSITION to PETITIONER'S MOTION, you can state that you have made a GOOD FAITH EFFORT to come to an AGREEMENT with your ADVERSARY over the phone. List the date, the time, what you said, what your ADVERSARY said, cite the Rules of Civil Procedure in your State that clearly shows how many days you shall have to OPPOSE your ADVERSARY, you have both your State Constitutions, and the United States Constitution, specifically Amendment V, and Amendment XIV that protects your STATUTORY and PROCEDURAL DUE PROCESS.

Let the Jurisdictionary Forum know if this was of any help, Maria....

Maria3 ...

Attend the hearing and be prepared to argue with supporting citations to controlling published appellate opinions, as taught by my course.

Do not fail to attend.