procedural question

[texgirl]

What is the name of your state? IL

My case was recently moved from Texas to Illinois (Cook County), and I am trying to make sense of the procedural differences. Is anyone familiar with Illinois? Here they have multiple appearances called "status" before you can file for a hearing. So far we have had three and (at last!!!!) a hearing is set for mid-July. At these "status," everyone gathers around and speaks to the judge but no one is sworn in. I've been told that the aim of all this is to try and get people to settle without a hearing, but the effect it seems it so make legal costs skyrocket. I am concerned because both my ex and his lawyer were making outrageous claims yesterday and my lawyer didn't object or anything. She said we will address all these things at the hearing. I am concerned that this "testimony" left out there unchallenged will unduly prejudice my case at the hearing. To be honest, I am wondering if this lawyer is aggressive enough.

Also, I am supposed to be deposed at some point between now and the hearing. I have a long standing trip planned between the 19th and the 28th to visit my father on the first anniversary of my mother's death. Can I specify that I can't be available during that time? Is it necessary to have my lawyer there? I am very concerned about legal costs at this point.

Thanks in advance!

 

[Accountable]

For your protection

You can provide them with dates you are available for deposition and they should schedule accordingly. You definitely need your lawyer present at the deposition for your own protection. The lawyer can object to any questions they ask which may be legally objectionable, particularly since you seem concerned about the "outrageous claims" the other side made against you at the "status" hearings.

I am a litigation secretary, so I am very familiar with the typical deposition process. However, I have only recently been exposed to the family courts (in Texas) and have come to realize that just about anything can happen, whether it complies with the rules of civil procedure or not. So, I can't stress enough the need for you to have a lawyer present. Is your current lawyer admitted in Texas or Illinois? If Texas, I would suggest you retain an Illinois attorney since every state, actually every county, has very different court rules.

 

[texgirl]

Thanks for the fast response. My case is now in IL and I now have an IL attorney, so I am covered. I was very happy when my case was moved to IL (at my instigation and over ex's objections), but I guess the old adage "be careful what you wish for" is true. Whether I liked the decision of the Texas court or not, at least I could get things resolved. Here in IL it takes so long to be allowed to file for a hearing.

Anyway, I guess having my lawyer with me at the deposition is a good idea. She says that there is no need to depose my ex, that she has all she needs to go to hearing from me. Does that sound right? I originally chose this woman because she was knowledgable about interstate cases--and she was instrumental in helping me get the case moved from Texas--but now that I am at the next stage I am gettine worried.

 

[Accountable]

If you are are truly concerned about your lawyer, you have the right to switch to another. If you choose to stay with your current lawyer, then you should respect that she knows what's she's doing. Like I said, family court is a very, very "different animal" than the civil court processes I've become familiar with. One of the litigation attorneys in the firm where I work is representing me pro bono in my family court case in another county. We've learned that the family court has a "good ole boy club" mentality and we are the outsiders. In fact, in my opinion, the other side's attorney is somewhat of a bimbo that would be eaten alive in a civil courtroom, but in family court she's the club sweetheart. Her pleadings are crap and she has yet to present any sound arguments, yet the court keeps granting her continuances so that she can keep trying before they make a ruling on anything. We've had 4 hearings and NO rulings on anything! At yesterday's hearing, she answered the bailiff's phone while he was away from his desk.....and the judge just smiled at her each time. There was a full docket of cases in progress. I couldn't believe it.

I didn't mean to hijack your thread by inserting my case. But I wanted to give you an example of why it is to your advantage to trust that the local attorney you have retained in Illinois knows how that family court functions....whether it seems reasonable to you or not!

 

[texgirl]

Yes, you are right about the strangeness of family court. Yesterday, at this status appearance my ex's current wife kept talking to the judge. She isn't even a party to this case, of course! When I pointed that out to my lawyer, she said, "yeah, but not worth making a big deal about."

I have to say that my current IL lawyer seems to be well known to the judge, to the child's rep, etc. My chief complaint is that while my former TX lawyer did a good job of letting me know what is going on, what might happen, etc., the current IL lawyer doesn't answer my questions. I am, I think, a reasonably intelligent person and would like to be kept better informed. Each time we have had one of these "status" meetings before the judge, I ask what is going to happen and I am always told, basically, "who knows?" Maybe that is the just the nature of the IL system, but it seems very strange to me that there are these appearances which seem to accomplish nothing.

 

[Accountable]

I agree that seems strange, but she's probably right about what that court thinks is "a big deal" and what is not. Having a lawyer that is that familiar with the internal workings of the court is definitely to your advantage. You might just ask your lawyer to keep you more informed.