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I filed a Friday Motions Day/Praecipe Notice with the court

& sent it opposing counsel...
I filed a Friday Motions Day/Praecipe Notice with the court & sent it opposing counsel with a certificate of service & gave more than 14 days motice but my Motion was never put on the judge's docket. Did I do something wrong?
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Answered in 3 minutes by:
6/1/2013
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 29,447
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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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 solve your problem.

Good morning. What type of motion was this and what time did you set it for?
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Hi Mike. I just wanted to follow up and see if you had a chance to respond to my information request above? Thank you.
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Customer reply replied 4 years ago

I filed a Motion to Quash for the 11:30 a.m. docket.

Mike, sorry for the delay. If you filed the motion and asked that it be heard at 11:30am, it should have been for a domestic/family law case. You did not state above what the motion to quash was for but if it was for a case unrelated to what I stated above, that could have been the reason that it could never have made the docket. Moreover, if you thought it was necessarily to file a memorandum, it would have needed to be set using the brief schedule procedure. Now, if you complied with all the requirements and your motion was still not heard, I am inclined to believe that there was a clerical error or the docket was full and there was no more room for the case to be heard on that date. Tomorrow, you will need to contact the clerk of court and see exactly what happened and if the court re-set the date on its own and notice will be sent or if you will need to refile the motion. When filing anything with the court and having a hearing with it, you always want to check the docket ahead of time to make sure the motion and time of hearing are reflected, to be assured the case is going to proceed that day. You may have done nothing wrong and it may have been an error on the part of the clerk. If you do not have the full instructions from the court, on the process, please let me know as well and I can try and provide them to you, so you can double check everything.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
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Customer reply replied 4 years ago

Ok I think I might have figured out the problem. I don't think I turned in the Praecipe/Notice on yellow paper. Do you think that could have cause the motion to not be placed on the docket?

Yes, it is likely. The reason I say this, is because they are specific instructions which result in the motion being heard. As you can see by clicking on the link below, which outlines what needs to be done, this could have resulted in it not being placed on the docket, as a result of a procedural error. As such, it would need to be refiled.

http://www.fairfaxcounty.gov/courts/circuit/pdf/CCR-E-05.pdf

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Customer reply replied 4 years ago


Thanks for you help. I have another questions relating to a Friday's Motion Hearing. My ex-wife's attorney told me she is filing a motion to be heard on June 21 regarding the discovery I sent. Their responses are due to me by June 19th but since there is a hearing scheduled regarding these discoveries can she hold off on sending me her answers until sometime after the hearing or does she still have to complete the questions that are not in dispute?


 


I thought you were supposed to answer in the 21 day time period and that you could state your objections to any questions and then take it before a judge. Do you know if that is the correct procedure?


 

Customer reply replied 4 years ago


Thanks for you help. I have another questions relating to a Friday's Motion Hearing. My ex-wife's attorney told me she is filing a motion to be heard on June 21 regarding the discovery I sent. Their responses are due to me by June 19th but since there is a hearing scheduled regarding these discoveries can she hold off on sending me her answers until sometime after the hearing or does she still have to complete the questions that are not in dispute?


 


I thought you were supposed to answer in the 21 day time period and that you could state your objections to any questions and then take it before a judge. Do you know if that is the correct procedure?


 


Also, I have requested that the Court deviate from the standard child support guidelines and want the Court to consider my ex's husband's income since she is voluntarily unemployed and has refused to work for 7 years. A judge has already ruled that I couldn't get his income information on the bank statements and tax returns that I subpoenaed - however, that ruling was made prior to me Responding to my ex's original Motion to recalculate child support where I asked for the Court to consider his income. What are the requirements I need to follow in order to prove to a judge that my discovery is necessary.


 

What type of discovery was sent and what are her issues? Did you send interrogatories?
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Customer reply replied 4 years ago


I sent Interrogatories, Request for Production of Documents and Request for Admissions. Opposing counsel hasn't even told me what their issues are and I haven't yet received a copy of her Motion yet. All she has stated is that she is going to get her Motion put on the docket for June 24, 2013. Isn't she required by law to certify that she has made a good faith effort to resolve the matter between the parties before it goes to Court. I'm assuming that her objection to my discovery is that I asked general questions regarding her husband's income and they are going to claim that I am invading his privacy. I don't know how to get around that when the only way I can prove to a judge that his income needs to be considered. My ex and I have the 3 children together and they spend an equal amount of time with each of us (every other week). My ex doesn't have to work, has no financial obligations because her husband pays all the bills. She lives in a $2,000,000.00 house and has maid service, lawn service, expensive vehicles, etc. while I live in a house that cost $200,000. It amazes me that she would even request that I pay her more child support when there clearly isn't a financial need for the boys while they are with her.

Mike, thank you for the additional information. The answer to what you stated above, is Yes and Yes. A good faith effort needs to be made and they need to comply with the rules of civil procedure. If the interrogatories are due pursuant to the time stated in Rule 33. I have attached a link to the rules regarding discovery, for you to review and use as well.

http://www.courtswv.gov/legal-community/court-rules/civil-procedure/V.htm

If there is an objection, it would then be up to the Judge to decide if it needs to be answered and would be based upon how relative it is to matter. As such, if there is a modification of support being sought, income would be relevant and is key.
LegalKnowledge
LegalKnowledge, Attorney
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Customer reply replied 4 years ago


The link you sent me is for West Virginia and I live in Virginia. Can you forward me the link for Virginia that include rules for discovery?

No problem, they can be found within here.

http://www.courts.state.va.us/courts/scv/rulesofcourt.pdf
LegalKnowledge
LegalKnowledge, Attorney
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Satisfied Customers: 29,447
Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Customer reply replied 4 years ago

I received a request from opposing counsel today asking me to sign an Agreed Protective Order. I have depositions scheduled for June 21, 2013 and the Order they want me to sign is saying that I will not ask my ex wife any questions about her husband (i.e. nature, character or details of his employment, business endeavors, income from all sources, his assets or his debts and obligations). The reason they want me to sign this is because my ex does not work and has no financial obligations and I have asked the courts to consider her husband's income. Is sending opposing counsel a document asking for a protective order a standard procedure with pending depostions? I have never heard of such a thing and am wondering what they might be trying to hide. I am not in agreement with their terms and am not willing to sign their protective order. What, if any, are the legal ramifications if I do not sign this order?

Would you mind clarifying for me what you want his income considered for?
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Customer reply replied 4 years ago


Sorry, I asked the Court to consider his income in recalculating child support since my ex refuses to work.

Thank you. You are under no obligation to sign this order. An agreed order is used when the parties actual agree to the terms, conditions, language and order, stated. If you do not agree nor ever even spoke about this, you do not have to sign it. If you do not, then the attorney would have to go before the Judge and present an argument to ask that it be ordered. Something else to be aware of, is that a new spouses income is not commonly used to calculate and determine support, since they have no obligation for the child(ren) since they are not the parent. At the same time, is could be used to show that your ex is relying on his income, to not work or support herself and it is a choice and she should not be released from her obligation. If this is the case, it would then fall upon him, even though it is not intended.
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Customer reply replied 4 years ago


Can a person plea the 5th Ammendment of the Constitution in order to not answer questions at depostion? If opposing counsel objects to a question, isn't the person being deposed still required to answer the question honestly?

The 5th Amendment deals with criminal matters and self incrimination. It would not be relevant here. They can object to the question but it still needs to be answered and at trial, the Judge will decide if it will be allowed to be answered.
LegalKnowledge
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Experience: 10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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