How should he file this?

[Ohiogal]

My husband filed the appropriate papers for an application for order to show cause. A hearing date has been set but he has a previous court appearance scheduled for a traffic stop he made (he's a police officer). Our question is. what do we need to do to file a request for a continuance? I know we need to make the request to the court but do we need to contact the respondent to get her approval for the continuance first? Does he need to mail a notification to the respondent himself before he sends the request to the Clerk of court? Also, is there a particular form to use to request the continuance through the court or is a letter sufficient? (just a reminder that we are pro se in this case as is the respondent).

Thanks for any help!

just a reminder to your husband: even though YOUR HUSBAND is pro se -- you are not in the case -- he is still expected to abide by all the local rules and know the law as a represented individual/attorney would. The best way to find those out is to read the local rules for the court in which he filed. Find those and they will tell you most of what you need to know. A side note: pretty much anything you file with the court MUST be served upon the other party.

 

[frcisafraud]

Must be served?

I didnt think so? I faxed a copy of my Order to show cause re:contempt to the respondents attorney. Is that not sufficient?

 

[Ohiogal]

I didnt think so? I faxed a copy of my Order to show cause re:contempt to the respondents attorney. Is that not sufficient?

Faxing may not be a sufficient form of service depending. But the other party's attorney IS the other party and stands in for the other party. So when you serve the other party you are serving either the individual OR that individual's attorney if a notice of appearance has been entered. Understand?

 

[girliegirl_07]

Update

My husband went to court yesterday and Ex-wife was ordered to repay him for the debt. Hopefully she pays or they will be back in court again.

Thanks everyone!!