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TJ, Esq.
TJ, Esq., Attorney
Category: Family Law
Satisfied Customers: 12421
Experience:  JD, MBA
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I received a Friday Motions day - Praecipe/Notice from an attorney

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I received a Friday Motions day - Praecipe/Notice from an attorney that is representing my ex-wife's husband. They are trying to get a judge to order a protective order so that I can not get any of his financial information nor ask any financial information at depositions. I have a couple of issues. The first is that the attorney check off that there is no opposing counsel of record as of this time. If I am representing myself, Pro Se, aren't I considered opposing counsel of record? Also, she certified that service of the document was made to me on June 7th but that was only when the eveloped was stamped at the post office and I did not receive it until June 8, 2013. Can I file something with the courts and request that this get rescheduled since the attorney did not follow procedure? And was opposing counsel not required to make a good faith effort to resolve the matter before filing a Motion or is she exempt from that since she signed that there was no opposing counsel on record?
Hi again.

Q: If I am representing myself, Pro Se, aren't I considered opposing counsel of record?
A: Although you are representing yourself, you are not an attorney or counsel of record. The opposing counsel was correct to note that you have no counsel.

Q: Also, she certified that service of the document was made to me on June 7th but that was only when the eveloped was stamped at the post office and I did not receive it until June 8, 2013. Can I file something with the courts and request that this get rescheduled since the attorney did not follow procedure?
A: She served the document when she put it in the mail (not when you received it). That is what she certified doing on the certificate of service (i.e., mailing it). So that sounds correct. Unfortunately, you would not get any relief in that situation, particularly since you received it the day after it was mailed. That is considered an ideal situation so far as serving via mail is concerned.

Q: And was opposing counsel not required to make a good faith effort to resolve the matter before filing a Motion or is she exempt from that since she signed that there was no opposing counsel on record?
A: Unfortunately, there is no requirement that she make a good faith effort to resolve the issue before filing the motion, regardless of whether you have an attorney or are pro se. The judge may become irritated with her if you agree to the relief that she requests, because then the court's time would have been wasted (though the judge would likely just be glad it's off the docket so quickly).

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