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Is it always up to the judge to schedule a hearing? We just…

Is it always up to...
Is it always up to the judge to schedule a hearing? We just had our "final" hearing and it did not go very well. However, I just came across evidence that disproves about half of the Defendants arguments. The final verdict is less than a month away and I wrote a letter two days ago asking him for a short hearing too present evidence but haven't heard anything... any advice? By the way, I am Pro Se
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Answered in 1 minute by:
3/22/2018
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,851
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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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

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Good evening. A party can call the clerk of court or judicial assistant of the Judge to try and set a hearing. If a motion was filed and something needs to be heard or addressed, a hearing can be set. If you now have evidence which was previously not known or discovered, you can try and file a motion for the Judge to reconsider this and bring it to their attention.

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Customer reply replied 4 months ago
What type of motion should I file? I wrote him a lengthy letter and laid it all out, but you think that I should follow that up with a motion?

The letter alone may not be read or considered, as the Judge needs to know what you are asking for. If you want them to reconsider a previous ruling, as a result of the newly discovered evidence, you can motion the court and ask for that and explain how you discovered this evidence.

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Customer reply replied 4 months ago
basically, they pulled out a proposal to settle that my attorney sent them a long time ago and used it against me at the last hearing, they tried to make me look greedy. After the hearing, I thought I remembered my attorney telling me once that the attorney for the adverse party wanted to be consulted before we sent that proposal, so I just looked back through our correspondence and sure enough, here it is. I have an email from my attorney that says that the "other" attorney was not only consulted when he drafted the document, but that he thought it would be approved by his clients. So, now I have proof that their "key" piece of evidence is questionable at best, ***** ***** a matter that needs a hearing?

It would be up to the Judge to consider and determine if it is relevant and has a bearing on this.

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Customer reply replied 4 months ago
What kind of motion should I file? or do you think the letter is enough?
Customer reply replied 4 months ago
I also have a witness that the "other" party has intimidated into not testifying...

You can call the JA of the Judge tomorrow and speak with them and ask about the letter and if this needs to be set. If so, they will tell you and if there is an issue with the letter, it may also need to be sent to the other party and their attorney

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You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 32,851
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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FamilyAnswer and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
I'm sorry, but what type of motion would I file? Motion for a hearing?

As I shared above, if the Judge made a ruling and there is now new evidence, you can file a motion to reconsider.

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Customer reply replied 4 months ago
I'm sorry, he hasn't made a ruling yet... I will be submitting rebuttal evidence and new evidence, I am simply requesting a hearing for that. What is the title of my motion? Motion to offer rebuttal evidence?
At this point it would be supplemental evidence for the judge to consider. So yes you found title it supplemental/ reubbtal evidence.
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Customer reply replied 4 months ago
Just to be clear,am I motioning for a hearing in the title? In other words "motion for hearing to offer rebuttal evidence"?
Your motion is whatever you are asking the judge to do or consider.
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