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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
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Experience:  Licensed to practice before state and federal court
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Judge repeatedly refuses to schedule trial date (divorce

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Judge repeatedly refuses to schedule trial date (divorce case). Case was filed 3 years ago. Negotiation failed. Case is very complicated because a psychiatrist is involved. He supposed to write a report with his opinion regarding custody of two children. He says that he is very busy and can not finish it. Judge said that he can not schedule trial date without this report. What is the maximum allowable time for judge to take any actions (schedule trial date or to order a psychiatrist to finish report by certain date)? A psychiatrist was appointed by the court. Case filed in Illinois.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: i said, illinois
JA: Have you talked to a lawyer yet?
Customer: it is my son's case but i am paying to his lawyer. I need another opinion
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Thank you for your patience. Generally, there is no specific timeline as to when a court can finish a case. There is only a minimum amount of time that a divorce must wait until it can be concluded (6 months). The reason is because a case can drag on unnecessarily for a variety of reasons including parties moving, dying, filing motions, or other circumstances that can change the circumstances. However, it is possible that you could make a request with the judge for them to subpoena this report from the psychologist. You could basically write a motion to the judge asking him to put in an order to put a deadline on when the psychiatrist must put in the report. The order will force the psychiatrist to take the necessary action or else face jail time or fines if they refuse to comply.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Legal Eagle and 3 other Legal Specialists are ready to help you
Customer: replied 28 days ago.
I asked for phone call and I am still waiting for phone call. I have more questions.

Sure thing. I'll call you in approximately 30 minutes.

Customer: replied 28 days ago.
The only motion from my son side is to schedule trial date. How is it possible that judge refuses to do it?

The judge unfortunately has the authority to withhold the scheduling of a trial date until they get the necessary information in advance. However, a motion could always be filed to compel the psychiatrist to do so. Basically, you could request that the judge subpoena the psychiatrist to finish the report by a certain time. You could request basically that the court set up a time limit to help facilitate when this case will go to trial.

Customer: replied 28 days ago.
I just noticed that you will call me soon Thank you. I am waiting for your call.

You bet!