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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
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Since I dont have an attorney representing me in my case,

Resolved Question:

Since I don't have an attorney representing me in my case, will the courts allow me to have my father or friend act as counsel and speak on my behalf at the hearing?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I am sorry but they will not be able to act as legal counsel, on your behalf. You can act pro-se or an attorney can act on your behalf but friends and family can not represent you. Now, if you want them to testify or for them to share something relevant to the case with the Judge, that is a different story and they could be heard. However, they can not speak for you or represent you.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17287
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 3 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

 


I received a Friday Motions Day/Praecipe/Notice for a Motion for Protective Order. The Motion is asking that I not be allowed to seek any information in my discovery requests about my ex-wife's current husband regarding his employment, business endeavors, income, assets or his debts and obligations. Opposing counsel and I didn't agree to the date she is requesting the case be heard. Also, when filling out the time estimate portion of the Praecipe/Notice, opposing counsel stated she needed 30 minutes. The Notice states that combined it can't be more than 30 minutes. I think opposing counsel should have only put down 15 minutes to allow me at least 15 minutes for my side to be heard. Do you feel that opposing counsel made an error in putting 30 minutes down? I am wanting to go before the calendar control judge to request a date certain, other than a Friday, since I feel that 30 minutes isn't enough time for this case to be heard. Do I need to present evidence or have detailed reasons as to prove to the calendar control judge why I think the case needs more than 30 minutes to be heard or is it a simple matter of telling the judge that I need more time?


 

Expert:  LegalKnowledge replied 1 year ago.
The Judge is certainly going to allow you to respond. The argument made by opposing counsel can very well take less what was presented and the 30 minutes does include time for you to make your argument. Unless you are calling in witnesses or going to cite and argue case law, the basis of the motion is pretty straight forward and both you and the Judge know what is going to be argued, since it is stated within their motion. If she starts bringing up things outside the scope of the motion, bring it to the attention of the Judge and you can always argue you were not prepared to hear those things and if she wants to go outside the intended purpose of the hearing, the matter needs to be continued and reset. It is unlikely that the Judge is going to stop the matter exactly when 30 minutes are up and in most cases, if the Judge needs more time, he/she will take it upon themselves to have both parties come back before making a ruling. If you did not agree on the date and there is a conflict, you can contact opposing counsel and inform them of it and ask that it be reset or if they fail to cooperate, file a motion with the court, advising the Judge of the conflict and that this was never coordinated with you. If your argument is that complex, you can always advise the Judge of that when you appear and see what he/she has to say but explaining the situation and why you need this, should be clear and concise. Judges do not want to hear the same thing over and over and have the parties go on and on. They want to hear your argument and have it support with the law, as applied to the facts of the case.
Customer: replied 1 year ago.

My main question was if I'm entitled to go before the calendar control judge and ask for a date certain, other than a Friday, because I personally feel the hearing will take more than 30 minutes? I read in the instructions for the moving party that "if a hearing on any motion must take longer than 30 minutes, the moving and responding parties, or their counsel, should appear before the Calendar Control Judge to request a hearing for a day other than a Friday. Opposing counsel did this to me on a separate matter and was granted a different hearing date".

Expert:  LegalKnowledge replied 1 year ago.
EVIDENTIARY MOTIONS: Any evidentiary motion requiring more than thirty
minutes must be scheduled for a date certain other than a Friday. If any counsels of record believe that a hearing on a motion will take more than 30 minutes, then all counsel should appear before the Calendar Control Judge in Judges' Chambers on the 5th floor of the Courthouse between 8:30 and 9:30 a.m. to request a hearing date for a day other than a Friday.

NON-EVIDENTIARY MOTIONS: All non-evidentiary motions scheduled for oral argument must be set for a Friday Motions Docket. If counsel involved in a non-evidentiary motion agree due to the complexity of the issues or the number of parties that the hearing of the non-evidentiary motion will take more than 30 minutes, they should go to the Calendar Control Judge or write a single letter to
the assigned Judge that explains why extended time is needed and provides a combined time estimate. Another option is for counsel to request a date certain for argument exceeding 30 minutes from the Judge assigned to the case.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 17287
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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