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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 27184
Experience:  10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Can a pre-trial conference go forward if one of the parties

Customer Question

Can a pre-trial conference go forward if one of the parties is not represented by an attorney or just doesn't show up?How productive would it be under either these circumstances?Would it have to be re-done when all parties are present and represented by attys.
Submitted: 7 days ago.
Category: Family Law
Expert:  FamilyAnswer replied 7 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  FamilyAnswer replied 7 days ago.

A party can act pro se and represent themselves, so it would not be an issue if they appeared and were not represented. It could still go forward. However, if they simply failed to appear, it would be at the discretion of the Judge to take action against them and/or rule, on any issues which are present at the time, being argued by the party who is present. If a party can not appear, they should motion the court for a continuance, so that the hearing date is reset. If nothing is done, the Judge may decide to proceed or could reset it yet or order that the party who failed to appear come before the court and explain why, as they could be held in contempt.

Customer: replied 7 days ago.
My daughter has a trial set for this Monday.
Opposing atty. is petitioning the court to be relieved of representing her husband.
We are traveling 500 miles from North Carolina and can't get an answer from my daughters atty. as to the status of the trial or any pre-trial conference.Is it possible for my daughter to contact someone at the court to get a definite answer as to what is going on?If so, who should she speak with?
Customer: replied 7 days ago.
My daughter has a trial set for this Monday.
Opposing atty. is petitioning the court to be relieved of representing her husband.
We are traveling 500 miles from North Carolina and can't get an answer from my daughters atty. as to the status of the trial or any pre-trial conference.Is it possible for my daughter to contact someone at the court to get a definite answer as to what is going on?If so, who should she speak with?
Expert:  FamilyAnswer replied 7 days ago.
Sorry for the delay and please allow me a moment
Expert:  FamilyAnswer replied 7 days ago.
The judge has to grant the attorneys motion to withdraw. Seeing how close it is to the trial her attorney should file a motion in opposition to this and objecting and advising that it would be prejudicial to her and would cause unreasonable delay since the issue are now ready for trial. The attorney should remain on until the end of the case and unless the judge grants this all parties will be required to appear.
Expert:  FamilyAnswer replied 7 days ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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