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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12249
Experience:  JD, MBA
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Opposing counsel sent me a Friday Motion Day-Praecipe Notice

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Opposing counsel sent me a Friday Motion Day-Praecipe Notice but she scheduled it on, June 21, 2013, which is not a date that I agreed to. Isn't she required to get a mutually agreeable date prior to filing? What legal course of action can I take? The other problem I have is that the soonest I can give opposing counsel 2 weeks notice would be for a hearing to occur on June 28, 2013, which is after the hearing date she set. Is there a way to get an emergency hearing sooner than June 21, 2013?
Hello and thank you for allowing me the opportunity to assist you.

Q: Isn't she required to get a mutually agreeable date prior to filing? What legal course of action can I take?
A: Unfortunately, opposing counsel does not have to first agree with you on a date. It's his motion, so he chooses the date. If the two parties had to agree to every date, cases would never move forward. However, you have two options: First, you can contact opposing counsel and request that he agree to a different date. Most attorneys will be courteous in that regard (unless the relationship is strained for some reason). Second, you can quickly file a request for a continuance with the court. If you have a good reason, then the judge may continue the hearing to a more convenient date.

Q: Is there a way to get an emergency hearing sooner than June 21, 2013?
A: You can file an emergency motion with the court to shorten the notice period for the other motion. You'll need to explain in detail why you need the judge to shorten the notice period. When you file the motion, you can ask the court clerk if you can "walk it through," which means that you physically take the motion (after it's filed) to the judge's chambers for immediate review. Results will vary, however. Sometimes you can get a judge to look at it immediately, and sometimes it won't result in the judge taking action any faster than if you had not walked it through or filed it as an emergency motion.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!

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