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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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For a NOTICE of HEARING (FL... Lee County)... Do i, the defendant,

Resolved Question:

For a NOTICE of HEARING (FL... Lee County)... Do i, the defendant, need to attend? What happens? Do i need an attorney present?
Submitted: 6 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your question.

Generally speaking, the Notice of Hearing is a written document which advises the parties of the following:
  1. Date of the hearing.
  2. Time of the hearing.
  3. Location of the hearing.
  4. Name of the assigned Judge on the case.
  5. That the parties must show up at the hearing and be prepared to present their case and evidence.
  6. That if a party fails to show up at the hearing the ruling will likely be against the party failing to show up.
  7. That the parties may, but do not have to be, represented by an attorney. Notice that the attorney is NOT required, but is highly suggested.
  8. That requests for continuance must be filed with the Judge with a copy to the Registrar. A continuance a formal request for a delay in the proceedings.


Edited by Dimitry Alexander Kaplun on 10/1/2010 at 7:42 AM EST
Customer: replied 6 years ago.

If it says "The Plantiff's Motion will be called up for hearing"... what is going to take place? The time reserved is only five minutes.

 

I just noticed this is tomorrow morning as i was going through the paperwork for what i thought was the main case.

 

What confused me is that there is an order setting case for docket sounding NEXT WEEK.

 

Should i ... and Can i ... file a motion for continuance tomorrow morning in order to get an attorney? Is there any legal terminology/procedures that i need to be aware of in order to present myself properly in front of the judge?

 

Your detailed responses are much appreciated! I am last minute and now very concerned.

Expert:  Dimitry K., Esq. replied 6 years ago.
Thank you for your patience. I will try to follow-up each of your questions directly.

First of all, what exactly is this hearing for? Are you the plaintiff or the defendant?
Customer: replied 6 years ago.

I am the Defendant... it has to do with a mortgage, attempted foreclosure, etc...

 

It says that the Plantiff's Motion for Summary Judgment Including a Hearing to Tax Attorney's Fees and Costs will be called up for hearing (Oct 1)

 

The other one (same case number) says The Court has set a docket sounding before the Magistrate on OCT 7. (If this case is appropriate for a Motion for Summary Judgment, either party may Notice the Summary Judgment to be hread at the Docket Sounding. Otherwise, the day and time certain for the start of trial will be determined at docket sounding. 30 days notice for trial. motion to continue can be heard at docket sounding.

Expert:  Dimitry K., Esq. replied 6 years ago.
Oh I see.

In this situation you MUST appear as if you do not, the case may be won against you simply because you do not appear. A "summary judgment" is where all facts are agreed upon by both parties, and one party moves to get a default decision--in this case the plaintiff. If you fail to appear and contest their claims, they win without even going to a full hearing.


Good luck.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 8:13 AM EST
Customer: replied 6 years ago.

is that for the OCT 1? what is the OCT 7 docket sounding then???

 

And... as asked previously...

Should i ... and Can i ... and HOW.. file a motion for continuance tomorrow morning in order to get an attorney? Is there any legal terminology/procedures that i need to be aware of in order to present myself properly in front of the judge?

 

Your detailed responses are much appreciated! I am last minute and now very concerned.

Expert:  Dimitry K., Esq. replied 6 years ago.
That is for October 1st, and that must be your primary goal.

The hearing on the 7th is for the main case, which will not take place if the other party wins a summary judgment against you today. In terms of filing for a continuance, attempt to show up in court early and ask for the form from the clerk. If the form is unavailable, ask to speak with the other party's attorney and ask them if they have an in issue with the continuance. If the other attorney is reasonable, he may permit you to take the delay. If not, you ask from the judge at the hearing for a motion for a continuance. As for terminology/procedures, there is absolutely no way I can prepare you in 4 hours (I am sorry) as I do not know what exactly the petition looks like or what possible claims the other party is making for their summary judgment.

I am sorry.

Edited by Dimitry Alexander Kaplun on 10/1/2010 at 8:25 AM EST
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