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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was just looking re: filing a motion to

Customer Question

hello, i was just looking for info re: filing a motion to reconsider a family law ruling that was made without my info because I fax filed it and apparently it didn't get to the judge in time.

More specifically, I know the motion is based on ccp 1008 but I am more interested in whether my set of facts would be considered "newly acquired" info or if there is another motion or document that should be filed.

Our specific facts are: after a hearing on a RFO to modify visitation, the judge ordered the parties to each submit a proposed holiday schedule by fri, may 22. I faxed filed timely and received a confirmation of receipt that following Monday.  I then receive the order in the mail and it indicates we did not file anything and granted the respondent's holiday schedule request in total. Never had this happen so I don't know best way to go and clerk was not very helpful.

Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Did your receipt show the documents were received by that Friday? You say you got the receipt on Monday. In other words, did the court get the documents on Monday or on Friday during normal court clerk hours?

This seems like a very serious situation for you, and your questions and issues suggest that an in-depth conversation might better suit your needs. If you are interested, I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call.

Thanks in advance,