OC filing "Motion To Be Relieved" is this what i think?!?

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Re: OC is filing "Motion For Relief"-Is it what i think it i

Unread postby truemort » Tue Feb 07, 2017 6:51 pm

got it!


shortening time
n. an order of the court in response to the motion of a party to a lawsuit which allows setting a motion or other legal matter at a time shorter than provided by law or court rules. Shortening time is usually granted when the time for trial or some other court action is approaching and a hearing must be heard promptly by the judge. Example: the local rules require that a party give the other side 10 days' notice before a hearing. A hearing on adding a witness to the expert list would be useless unless heard in five days, since the trial is set to be called in nine days. The court may shorten the time to schedule the hearing to five days, provided the notice is served within 24 hours.
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Re: OC is filing "Motion For Relief"-Is it what i think it i

Unread postby Tom Kirkpatrick » Tue Feb 07, 2017 10:54 pm

Tom Kirkpatrick wrote: .....file a Motion to Shorten Time.
It's more of a threat than anything else. In practice, such motions are rarely granted.

Nevertheless, its intent (as a threat) is to knock the other side off balance and shift momentum in your favor. The idea is to pressure NJ into an early and favorable settlement.

Now that OP's NJ has no attorney, she's probably feeling a little naked right now. And a well-placed threat could all that's needed to force her into submission.

Tom
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Re: OC is filing "Motion For Relief"-Is it what i think it i

Unread postby truemort » Tue Feb 07, 2017 11:02 pm

thanks. i will definitely give this a try. Its time to try to end this......
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Re: OC filing "Motion To Be Relieved" is this what i think?!

Unread postby truemort » Wed Feb 08, 2017 10:36 am

my attorney thinks that the judge will not grant the OC motion to withdraw as we are very close to trial already and typically those are not granted when you are so close to trial.

nonetheless, if the motion to withdraw is not granted, how effective can they be at this point in representing her?
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Re: OC filing "Motion To Be Relieved" is this what i think?!

Unread postby Caruzzo » Wed Feb 08, 2017 11:10 am

On what grounds is OC wanting to withdraw? It would be contained in the motion. Financial? Communication problems? OC was fired by your ex? If nothing else, it's a sign that things aren't good on the other side.
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Re: OC filing "Motion To Be Relieved" is this what i think?!

Unread postby truemort » Wed Feb 08, 2017 1:31 pm

i havent seen the motion write up yet.. im anxious and cant wait to read it...

He wasnt fired.....

My attorney and I suspect that its financial.. but I wouldnt be suprised if its simply a general breakdown of communication and my stbx being unreasonable and unwilling to settle when the handwriting is on the wall already.
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Re: OC filing "Motion To Be Relieved" is this what i think?!

Unread postby Tom Kirkpatrick » Wed Feb 08, 2017 2:14 pm

truemort wrote:.....how effective can they be at this point.....
Simply stated, they will capitulate to the "other side," which (surprise, surprise) would be you. That means, by and large, OC will work for you.

All you hafta do is make a reasonable offer and they will pressure the hell outta NJ to settle. But you need to do this before OC has a chance to withdraw.

Your 11th hour has arrived. Are you prepared to negotiate??

Tom
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Re: OC filing "Motion To Be Relieved" is this what i think?!

Unread postby BrilliantBastard » Wed Feb 08, 2017 3:32 pm

truemort wrote:my attorney thinks that the judge will not grant the OC motion to withdraw as we are very close to trial already and typically those are not granted when you are so close to trial.

nonetheless, if the motion to withdraw is not granted, how effective can they be at this point in representing her?


If she contests it they will not be granted the release. The party being dropped often doesn't oppose the motion.
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Re: OC filing "Motion To Be Relieved" is this what i think?!

Unread postby truemort » Wed Feb 08, 2017 3:38 pm

could this whole thing somehow backfire on me and make it turn out that im somehow forced to provide money for her to pay her attorney what he needs or provide money so she can retain a new attorney?

I know she will argue relentlessly that she doesnt have any money and that I should pay.
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Re: OC filing "Motion To Be Relieved" is this what i think?!

Unread postby Havalu7 » Wed Feb 08, 2017 7:02 pm

True in my case when the poor little innocent Mom denegrated by CPS and me and the world (okay I will stop).

Story time and my experience was that she had her counsel withdraw and the judge felt sorry for her and extended for another hearing; and because CPS wasn't ready and didn't bother to show up either I had to flip for another round trip to Arizona; while my wife took care of my son since we had been awarded temp custody after CPS investigated her.

In other words depending on the judge it may buy her a little sympathy from the judge AND more time since the judge knows she will have to try to find counsel or prepare pro-se. I am not saying that is right or your fault it's just what happened to me.

However my judge is known to other men's forums who HIGHLY recommend you petition for change of judges if you are a father coming before his bench. I pray that your judge will not be like that brother.

Hang in there as we can all see your finish line approaching and know you are aiming for the seats 100 yards past the goal post!
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