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Lady Themis
Lady Themis, Lawyer
Category: Family Law
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Experience:  Divorce, child custody, child support, etc.
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Opposing counsel has put a motion on the calendar for this

Customer Question

Opposing counsel has put a motion on the calendar for this Monday. He says he is not proceeding but I am having a lot of trouble believing him because he lied and made me miss the last status conference. Both he and the clerk say the motion is off. However it is still on the calendar. Both are saying it is not marked as ready. However I found a notice from the court which has the calendar date down for the hearing. Would the clerk send out a notice when the hearing has not been marked as ready or do they just do this as routine whether a case is marked or not??
Submitted: 1 year ago.
Category: Family Law
Expert:  Lady Themis replied 1 year ago.
Thank you for your question. I happen to be licensed in Connecticut.

When a matter is marked "off" it does not proceed. It will still appear on the calendar, but the "off" marking takes it off the court's call. If you have confirmed with the court that the motion was marked "off," then you can be confident that it will not proceed. Additionally, if the attorney indicated it was marked "off," and he attempts to proceed, he can be sanctioned for those actions.

No notice is sent from the court when the matter is marked. That is up to the parties/their attorneys to notify the opposing party.

I hope this answers your question. Please let me know if you have any follow-up questions, which I am happy to answer. Once you are satisfied, please kindly rate my service, as that is how I am compensated by the website. Thank you.
Customer: replied 1 year ago.

So there is no objective way to tell whether something has not been marked, you just rely on the other party to tell you what is going on?


 


I have seen him be unscrupulous in the past and would not be surprised at all if he just proceeded in court. How does the judge know if something has been marked off when the calendar says it is on??

Expert:  Lady Themis replied 1 year ago.

The other way to find out is to contact the clerk. On the date of the short calendar, some courts post the short calendar lists with their markings. On the date of the hearing, the judge has the short calendar in front of him/her, usually with all the matters that have been marked "off" crossed out. He knows not to call those matters. The judge's clerk will also have that calendar with all the matters marked.

 

If the matter is not marked "ready," the court will consider it marked "off" and will not proceed. If the attorney marked the matter ready and told you it was marked off, that is a serious abuse of the attorney's professional ethics, and reportable to the court and to the state bar.

Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7751
Experience: Divorce, child custody, child support, etc.
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