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N Cal Attorney
N Cal Attorney, Attorney
Category: Family Law
Satisfied Customers: 9365
Experience:  since 1983
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I have a question. I filed at issue memorandum today divorce

Customer Question

I have a question. I filed for an at issue memorandum today for my divorce case and I send it by mail and have proof of everything. How can I have a count at issue already from the other party filed the same day?
Submitted: 2 years ago.
Category: Family Law
Expert:  N Cal Attorney replied 2 years ago.
Thank you for your question.
Are you saying that your at-issue memorandum was filed the same day that opposing counsel filed a counter at-issue memorandum?
Customer: replied 2 years ago.
I was just checking my case online and it shows the counter at issue the same day. How is that possible if we mailed it today as well.
Customer: replied 2 years ago.
Oh and we have I have zero contact with them
Expert:  N Cal Attorney replied 2 years ago.
It is possible that opposing counsel saw your memo while checking the file at the courthouse and filed one the same day.
It is also possible that opposing counsel filed an at-issue memo the same day by coincidence and the clerk labeled it as a counter at-issue memo.
Customer: replied 2 years ago.
But by the time we files the court was close to closing already. Could it be possible that she knows someone in the court house that would let her know? I had checked before we filed the at issue to see if they had file anything else, and it shoed nothing!
Expert:  N Cal Attorney replied 2 years ago.
it is possible that opposing counsel has a clerk providing information.
Customer: replied 2 years ago.
But wouldn't that be conflict of interest? Because they are letting the the party a know what's going on and us a disadvantage because we are doing it by the book?
Expert:  N Cal Attorney replied 2 years ago.
I agree it would not be proper for a clerk to give that information to opposing counsel without being asked.
There is no guarantee that the clerks are all honest people. I am sorry to say that, but it is true.
I do not how you were harmed by the fact that both memos were filed the same day. And I do not know if the memo filed by opposing counsel was just an at-issue memo that was mislabeled, or a counter at-issue memo.
Is discovery closed yet?
Customer: replied 2 years ago.
It shows that mines was file first for the at issue then the other parties at counter. What is discovery?
Expert:  N Cal Attorney replied 2 years ago.
Discovery basically means asking interrogatories, taking depositions or requesting production of documents.
Have you actually seen the memo filed by opposing counsel yet?
Customer: replied 2 years ago.
It won't let me see the image!! How would I be able to see it?
Expert:  N Cal Attorney replied 2 years ago.
Which County is the case filed in?
Customer: replied 2 years ago.
San Bernardino, but she moved to riverside afterwards.
Expert:  N Cal Attorney replied 2 years ago.
http://www.sb-court.org/Divisions/Civil/CaseInformationOnline.aspx
says they want 50¢ per page to view documents. Have you been able to view them before this?
Customer: replied 2 years ago.
No. I just got the whole case file, but since we filed afterwards would we need to get a copy of that?
Expert:  N Cal Attorney replied 2 years ago.
It is possible that the clerks have not scanned the document into the web site yet.
Customer: replied 2 years ago.
But it says notice imaged!
Expert:  N Cal Attorney replied 2 years ago.
I do not know the reason for that. Do you want to try again tomorrow after they update the web site, and let me know if you can see the document then?
Customer: replied 2 years ago.
I think that would be better. Do o just come back on here again?? How can I find you again?
Expert:  N Cal Attorney replied 2 years ago.
Just post again in this same thread and I will see that you posted again.
Customer: replied 2 years ago.
Ok. Thank you for your help and I will get back to you tomorrow
Expert:  N Cal Attorney replied 2 years ago.
OK.
Customer: replied 2 years ago.
I have one more question. How long does it take someone to counter at issue?
Expert:  N Cal Attorney replied 2 years ago.
Usually 1 or 2 weeks.