Family Law Questions? Ask a Family Lawyer Online.
What type of conference does this concern
a pretrial hearing?
Custody and visitation
Ok, I am familiar with those
and I have participated in may telephonic hearings
Typically you are informed as to whether it is ok to use a cellphone
I am more interested in the time interval of 2.5 months.
it seems absurd
I understand your frustration.
i filed for telephonic hearing only 3 days before hearing
That time frame depends on the court's docket
This may be a court that has a heavy docket
nevertheless, whatever the docket is it seems there is an inappropriately long time interval
it is common for courts to disallow cellphone usage
yes, that is long
but not all that unusual
not unusual does not make it less wrong
You could attempt to request an earlier date
You could inform the court of an extenuating circumstance
that would make it impossible for you to participate in the time frame given
Next hearing is october 24. Is that worth doing now?
for example if you could not miss work
well, it depends on how important it is to you to reschedule the conference
if it is not a big deal, you can just wait it out
but if it is a huge inconvenience, I would speak up now
I am more interested in whether I can say there has been delay of justice in my appeal
No, I don't think you can use that particular argument
What evidence would you have?
the psychiatric evaluation was ordered 8 months too late
who was responsible for that
even though the question right from the beginning was "mental instability" by opposing counsel
the psych eval did not support that
the referee could have ordered the psych eval right from the get-go...
the court ended up paying for it anyway
It sounds like you may have some good arguments with regard to the eval
However, you would need to convince the court why the conference needs to occur sooner than 2 1/2 months later
Technical that time from would not deny or significantly delay justice
although I know its frustrating!
Sorry, meant to type technically
are there guidelines for what the time frame should not exceed?
Sometimes the wheels of justice turn slowly...
No, particular guidelines that I am aware of
It really depends on the court's calendar
Perhaps you can call the court and see if there is a sooner dat
if so, you can request that the hearing be rescheduled
Can I just do so by phone?
I am self representing and hard for me to write a motion and have it notarized etc
Sure, if you do not have an attorney. Otherwise your attorney needs to call
Ok, I would call first
sometimes the clerk will assist with getting the other party on the phone
What other party?
is there an opposing party in this case?
If not that is even better
the court will be more likely to reschedule
yes. why would the other party have to be contacted by phone?
can't they just reschedule for earlier and send them notification?
that was just a suggestion I made. Sometimes the clerk will jut call the parties to expedite things
both parties usually need to agree to rescheduling a matter
I meant jsut
That way you can select a date that works for you and the opposing side
ok i will try that
i like doing things by phone
i have a hard time with paperwork like i said
I understand. I wish you the best.