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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7280
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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If Notice of Hearing has been scheduled by the JA how do I

Resolved Question:

If Notice of Hearing has been scheduled by the JA how do I know if I have to appear unless the judge Orders Appearances. Can the hearing go on w/o me? Is it really even official until the judge orders the parties to be present?
Submitted: 6 years ago.
Category: Legal
Expert:  Joseph replied 6 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

  1. How do you know a hearing has been scheduled if you haven't received notice?
  2. What is the hearing about?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

Customer: replied 6 years ago.

hearing is about medicating child

 

received notice from respondents lawyer

 

doesnt the judge have to order appearances?

Expert:  Joseph replied 6 years ago.

The notice you received from opposing counsel is completely appropriate and sufficient. As you have received that notice, you are obligated to attend. As follows, no, the notice does not need to come from the court. In fact, notice is more often sent by one of the attorneys than by the judge. While the judge will typically send notices for trial, motions are typically noticed by the party that filed the motion.

 

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph and other Legal Specialists are ready to help you
Customer: replied 6 years ago.

motions are typically noticed by the party that filed the motion.

 

what about motions that do not include a notice?

 

for example - a motion for discovery with an order for the respondent to produce a document

 

if the judge doesnt sign that order the respondent doesnt have to produce so how is this different

Expert:  Joseph replied 6 years ago.

Motion hearings and discovery requests are two very different things. All I can tell you is that the attorney provided proper notice and you would be expected to attend.

 

 

As to a motion being filed without a notice, in those cases, I would expect the attorney to file a notice of the hearing at a later date.

 

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Joseph and other Legal Specialists are ready to help you
Expert:  Joseph replied 6 years ago.

I am going off-line for the evening. Please feel free to respond, if necessary, and know that I will be back on-line tomorrow.

 

Thank you for your patience.