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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11258
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Family law attorney allowed exs attorney to "testify" in trial.

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Family law attorney allowed ex's attorney to "testify" in trial. She never filed her discovery requests, and even though I sent her the info she requested, she told the judge I didn't. He believed her and when I objected, he told me that he would not allow me to present any evidence I had because I had violated the rules of discovery. Additionally, she filed her pretrial statement electronically at 10:00pm the night before despite court rules stating 5 days prior, so I never had a chance to even prepare for the hearing. When I objected, the judge threatened to have me arrested. What are the Court Rules for, just non-attorneys? The judge clearly had decided the case based on ex's attorney's "testimony", and never allowed me to testify on my own behalf. Should I file for a mistrial, retrial, whatever? I've asked some local attorneys and though they have stated that her attorney didn't follow the rules, they have basically said that no attorney follows the rules in family law cases, and they appear to be afraid to tarnish their relationship with the judge by challenging him. Based on the one sided testimony, the judge ruled my income to be more than twice what I actually make, then punitively awarded attorney's fees because of the attorney's lies about the lack of discovery compliance. In the end, my ex's child support was cut in half, hurting my child, and I'll be paying about $7k of her fees.
Submitted: 7 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 7 months ago.

Hi, my name is XXXXX XXXXX X will be glad to assist you.

 

 

Were you acting Pro Se before and at this hearing ?

Customer: replied 7 months ago.

Is that the same as I know as in pro per? If so, yes.

Expert:  Andrea, Esq. replied 7 months ago.

Thank you for your reply,

 

Yes, "Pro Se" is the same as "Pro Per".

 

The Rules of Civil Procedure are equally applicable to attorneys and litigants representing themselves. I would have said to file a Motion for Retrial or a Motion for Reconsideration of the attorneys' fees issue, but since it would be going before the same Judge, it would be a waste of time. Your best course of action are doing 2 things; first, you can appeal the Judge's decision; and, second, you should report the attorney to the Arizona Attorney Disciplinary Board at the State Bar of Arizona, for lying under oath and here is the link:

 

http://www.azbar.org/LawyerConcerns

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Customer: replied 7 months ago.

Where do I file the appeal? With the Supreme Court?

Expert:  Andrea, Esq. replied 7 months ago.

In which Court was this hearing held ?

Customer: replied 7 months ago.


Maricopa County Superior Court

Expert:  Andrea, Esq. replied 7 months ago.

Thank you for your reply,

 

You would file an Appeal with the Court of Appeals. I am providing a link to the Rules of Procedure governing Appeals:

 

http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

 

Customer: replied 7 months ago.

I should probably hire an attorney if I wish to proceed with the appeal process?

Expert:  Andrea, Esq. replied 7 months ago.

I think it would be a good idea and not because I am an Attorney. There are so many time periods within which something has too be filed that it would be a shame to lose a perfectly good Appeal because you missed filing something within the time allotted,

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11258
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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