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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35303
Experience:  Attorney with 16 years experience
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The judge signed the final order on my divorce case on May

Customer Question

The judge signed the final order on my divorce case on May 11.
The ex husband now wants and intends to file a motion for reconsideration
but isn't he past the 10 day filing time?
Submitted: 9 months ago.
Category: Family Law
Expert:  Barrister replied 9 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Motions for Reconsideration must be physically filed with the Court within 10 days of the date the order or opinion to be reconsidered was issued.

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So if he tries to file one now, it is time barred and should be rejected by the clerks or dismissed by the judge..

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These deadlines are set in stone and aren't able to be stretched.

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thanks

Barrister

Customer: replied 9 months ago.
The judge has emailed him back saying if he wants a hearing on this motion for reconsideration
to contact the clerk!
How can this be?
Customer: replied 9 months ago.
How can the judge override the rules and allow this?
Expert:  Barrister replied 9 months ago.

Ex likely didn't mention that this was time barred so the judge pushed him off on the clerk who should tell him that he is past the time to file the motion.

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But if he was granted a hearing, you just show up and object and state it is past the 10 day statutory time limit and the judge should deny the motion.

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And the judge shouldn't really be communicating with one side as that is an "ex parte" communication and is prohibited.

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thanks

Barrister

Expert:  Barrister replied 9 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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thanks

Barrister

Customer: replied 9 months ago.
The ex husband is pro se since January 2016.
After our bench trial he emailed the judge repeadedly for weeks.
The judge continued to email him back.
The whole thing has been very upsetting.
Expert:  Barrister replied 9 months ago.

Well, that is entirely unacceptable because the judge is violating the rules that he is bound by. You could file a formal complaint with the State Bar Association for his actions in engaging in ex parte communications with the other side.

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But the law is pretty clear here and if it gets to court, you should win if you object to the time limit being violated.

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thanks

Barrister

Customer: replied 9 months ago.
Would you recommend I file a complaint right away?
Or wait til this matter is over.
Customer: replied 9 months ago.
was he breaking the rules by responding to the ex at all after trial, even he didn't have a lawyer?
Expert:  Barrister replied 9 months ago.

I would have to say it depends on whether this is a very small town or not. You don't want to make a judge mad who is on your case currently. So I would have to say wait until things were over...

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And yes, it is improper for a judge to communicate with a party outside of court.

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thanks

Barrister

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