Family Law Questions? Ask a Family Lawyer Online.
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Good morning. Is a response required based upon what the party was served with or they simply want to file a response, on their own?
Thank you for the reply. If the order is in place, you could not contact the other party and since no response is required by the court, it may create an issue, if you were to send the other party something. Now, if you can not attend the hearing on Friday, a motion needs to be filed either asking to appear by phone or for a continuance in the matter and asking the hearing to be reset. If you fail to appear, the order will be out in place. Moreover, the Judge will likely want testimony to be taken and the petitioner may want a right to question you, as well and if a statement/response is written, they would not be afforded that right.
Yes, if you could not appear by phone, you need to make the Judge aware of the situation and ask that the hearing be continued/reset. In doing so, you can also provide a time/date(s) when you are free, so you can be heard and appear and have this decided on the merits.
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