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Advocate4You
Advocate4You, Lawyer
Category: Family Law
Satisfied Customers: 115
Experience:  Experienced in various family law issues.
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I called into a conference by cell and got denied participation

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I called into a conference by cell and got denied participation because I needed a land line. If the conference is re-scheduled for 2.5 months later, does this constitute delay of justice?

Advocate4You :

Hello there

Customer:

Hello

Advocate4You :

What type of conference does this concern

Advocate4You :

a pretrial hearing?

Customer:

Custody and visitation

Customer:

pretrial

Advocate4You :

Ok, I am familiar with those

Advocate4You :

and I have participated in may telephonic hearings

Advocate4You :

Typically you are informed as to whether it is ok to use a cellphone

Customer:

I am more interested in the time interval of 2.5 months.

Customer:

it seems absurd

Advocate4You :

I understand your frustration.

Customer:

i filed for telephonic hearing only 3 days before hearing

Advocate4You :

That time frame depends on the court's docket

Advocate4You :

Ok

Advocate4You :

This may be a court that has a heavy docket

Customer:

nevertheless, whatever the docket is it seems there is an inappropriately long time interval

Advocate4You :

it is common for courts to disallow cellphone usage

Advocate4You :

yes, that is long

Advocate4You :

but not all that unusual

Customer:

not unusual does not make it less wrong

Advocate4You :

You could attempt to request an earlier date

Advocate4You :

You could inform the court of an extenuating circumstance

Advocate4You :

that would make it impossible for you to participate in the time frame given

Customer:

Next hearing is october 24. Is that worth doing now?

Advocate4You :

for example if you could not miss work

Advocate4You :

well, it depends on how important it is to you to reschedule the conference

Advocate4You :

if it is not a big deal, you can just wait it out

Advocate4You :

but if it is a huge inconvenience, I would speak up now

Customer:

I am more interested in whether I can say there has been delay of justice in my appeal

Customer:

subsequent appeal

Advocate4You :

No, I don't think you can use that particular argument

Advocate4You :

What evidence would you have?

Customer:

the psychiatric evaluation was ordered 8 months too late

Advocate4You :

I see

Advocate4You :

who was responsible for that

Customer:

even though the question right from the beginning was "mental instability" by opposing counsel

Customer:

the psych eval did not support that

Advocate4You :

I see

Customer:

the referee could have ordered the psych eval right from the get-go...

Customer:

the court ended up paying for it anyway

Advocate4You :

It sounds like you may have some good arguments with regard to the eval

Advocate4You :

However, you would need to convince the court why the conference needs to occur sooner than 2 1/2 months later

Customer:

ok

Advocate4You :

Technical that time from would not deny or significantly delay justice

Advocate4You :

although I know its frustrating!

Advocate4You :

Sorry, meant to type technically

Customer:

are there guidelines for what the time frame should not exceed?

Advocate4You :

Sometimes the wheels of justice turn slowly...

Advocate4You :

No, particular guidelines that I am aware of

Advocate4You :

It really depends on the court's calendar

Advocate4You :

Perhaps you can call the court and see if there is a sooner dat

Advocate4You :

date

Advocate4You :

if so, you can request that the hearing be rescheduled

Customer:

Can I just do so by phone?

Customer:

I am self representing and hard for me to write a motion and have it notarized etc

Advocate4You :

Sure, if you do not have an attorney. Otherwise your attorney needs to call

Advocate4You :

Ok, I would call first

Customer:

Ok great.

Advocate4You :

sometimes the clerk will assist with getting the other party on the phone

Customer:

What other party?

Advocate4You :

is there an opposing party in this case?

Advocate4You :

If not that is even better

Advocate4You :

the court will be more likely to reschedule

Customer:

yes. why would the other party have to be contacted by phone?

Customer:

can't they just reschedule for earlier and send them notification?

Advocate4You :

that was just a suggestion I made. Sometimes the clerk will jut call the parties to expedite things

Advocate4You :

both parties usually need to agree to rescheduling a matter

Advocate4You :

I meant jsut

Advocate4You :

just

Customer:

ok great

Advocate4You :

That way you can select a date that works for you and the opposing side

Customer:

ok i will try that

Customer:

i like doing things by phone

Customer:

i have a hard time with paperwork like i said

Advocate4You :

I understand. I wish you the best.

Advocate4You and 3 other Family Law Specialists are ready to help you