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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
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Experience:  since 1983
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Supposed to have trial on Mon for divorce case. Atty office

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Supposed to have trial on Mon for divorce case. Atty office was supposed to get rule 11 to reset since mediation was cancelled by both attys. Never heard back today from atty. No response to email or phone calls. Should I just show up to court on Monday just in case? I heard that if one of the parties doesn't show up for court the other wins it all by default & I don't want that to happen.
My answer is yes.

I agree it would be prudent to show up in court as scheduled even if the case is probably going to be reset.

I hope this information is helpful.
Customer: replied 4 years ago.

what do I do if my attorney is not there and opposing counsel is along w/ my ex. and If the court did not receive the rule 11 what happens? Will they reset it automatically since I don't have counsel there to represent?


Nothing is automatic but if that happens you can ask the judge for a continuance due to the unexplained absence of your attorney. The judge is very likely to grant a continuance if that happens.
N Cal Attorney and 2 other Family Law Specialists are ready to help you
Thank you for the Excellent rating!
Customer: replied 4 years ago.

Thanks for the great advice so glad I went. Rule 11 was denied because it has been so long. ( I filed 13 mos ago). Ex's atty showed up to ask for continuance for late Sept. my atty not there. Judge questioned his atty what was taking so long. Been reset now 3 times. Judge asked me what I thought and I said Its been going on too long and that I wanted to get this over with. He reset it for 30 days. woo hoo! I was ecstatic but now I found out from my atty's office that he has vacation already on file for our new court date! Now what? I am so tired of waiting on attys. Other problem is my atty has cases in another county that trumps cases for the one I am in.

May I ask why your lawyer was not there in court today?

Can he reschedule his vacation?
Customer: replied 4 years ago.

opposing counsel told the judge my attorney was out of town. From the phone conversation with my atty's secretary this am, It sounded as it only needed one atty from either side to go in and ask for this continuance.


Reschedule the vacation? ha ha that''s a good one. Don't see that happening.


Believe me I wish I could change attorneys, I feel as if the communication with him and his staff is awful. Lots of unanswered emails and phone calls not returned. Several important near missed communications, ie... would have not known if ex hadn't emailed and asked about certain issues! Ex breaking court orders numerous times and my atty won't hold him in contempt.


I am already in this over a yr and over 50K. My case is extremely complicated with children, marriage of almost 20 yrs, we own 2 businesses and 5 rental properties (one multifamiy). My ex also has a history of family violence and he just recently was able to somehow fool the system into letting his supervised visits be dropped.


I looked into a new attorney and it will be a 25k retainer which I just don't have. I feel trapped. I wish there was a way to have the judge force the date set for one month from now. My only other hope is to settle in mediation, which I still have yet to receive a confirmed date on, though I have been told we are looking at a little over 2 weeks from now, but nothing solid!!!!!!

If there is a mediation scheduled, can your lawyer file a motion or a stipulation to vacate the trial date since it is on a date that your attorney will not be available?
Customer: replied 4 years ago.

The secretary told me on the phone this am that it will have to be reset because my attorney has vacation on file that was put in before the deadline. I asked how that would work and the secretary said that my atty would send notification to the court of the vacation. So I don't know if that means filing a motion or what. I take it the judge can deny it? If so can he force my attorney to be there?

The Court can order a lawyer to be in court on any date chosen by the court, but it is common for the courts to try to accommodate lawyers' vacation schedules.

Does that answer you last question?
Customer: replied 4 years ago.

Yes thanks

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