Going to trial next week

[lilbnp]

What is the name of your state (only U.S. law)? Louisiana

This may be a little long/complicated.

Ok, trial to decide custody modification is set for next week. My attorney sent ex's attorney interrogatories/discovery back on April 1. Never received a response as of first wk of May. Sent second request as well as request for telephone conference and received a call from his attorney's secretary that interrrogatories would be received w/in 7-10 days.

(They never sent me any request for discovery or interogatorries or anything. Matter of fact the one thing (income and tax documents for increase in child support)that was requested by his attorney was the last time we went to court and she didn't even file the request for the increase. She handed my attorney the papers which hadn't even been filed w/ the court so I didn't have to produce them.)
As of beginning of June still no response and no answer to messages left by my attorney. My attorney filed Motion to Compel which is set for morning of the Trial. Motion hearing is at 9:30 am and Trial is set for 1:00 pm.

My attorney is going to request that d/t them not answering and providing us w/ witness list or what their defense will be that they not be allowed to call any witness other than the ex himself and that any documents etc. that they plan to use be thrown out, as well as all associated attorney's fees d/t this be paid by him.

What are my chances of getting this? Do you think the judge would grant them a continuance w/ such blatant neglect to cooperate? I sure hope not as this has dragged on long enough.

My theory is that they are trying this as a tactic to drag the trial out until school starts so that they can have a defense to not change custody as it would disrupt our son's schedule etc. Right now is perfect timing to change as he is already w/ me for the entire summer and the transition could go smoothly into the new situation. Not that he would even change schools or anything anyway.

What is their chance of them getting a continuance or even still being able to present witnesses/evidence w/o providing us w/ it first?

 

[lilbnp]

Just wondering if my question was not clear or is the situation just too messed up or do I just have cooties or something.

It was a serious inquiry as I have never been in a trial situation before.

The previous case was settled before trial, so my only experience in court has been hearings where I didn't even participate. The lawyers called "status conferences" w/ the judge and then my lawyer would come out and tell me the outcome.

I'm just scared and nervous right now as I have been waiting for this for a long time and now b/c of an uncooperative attorneyand ex it may be delayed further. (Why would they just not answer or even try to prepare a case themselves...I'm so confused.)

 

[Proserpina]

Just wondering if my question was not clear or is the situation just too messed up or do I just have cooties or something.

It was a serious inquiry as I have never been in a trial situation before.

The previous case was settled before trial, so my only experience in court has been hearings where I didn't even participate. The lawyers called "status conferences" w/ the judge and then my lawyer would come out and tell me the outcome.

I'm just scared and nervous right now as I have been waiting for this for a long time and now b/c of an uncooperative attorneyand ex it may be delayed further. (Why would they just not answer or even try to prepare a case themselves...I'm so confused.)

Um..you've posted this on a Sunday...on Father's day...and everyone is a volunteer

Someone will be sure to offer help when they can.

 

[LdiJ]

Um..you've posted this on a Sunday...on Father's day...and everyone is a volunteer

Someone will be sure to offer help when they can.

I agree...however it appears that you have an attorney and honestly, your questions are better directed to your attorney.

 

[lilbnp]

Sorry....I didn't mean to sound impatient I'm just (like I said) very anxious, nervous, and frankly a bit scared, so I am chomping at the bit as far as this whole thing is concerned. Even my lawyer is confused by this lack of regard for the case by them so he pretty much is telling me we have to just see what happens when we get there. I just wanted some "hypotheticals" from people who have "been there-done that" so to speak.

 

[Proserpina]

Sorry....I didn't mean to sound impatient I'm just (like I said) very anxious, nervous, and frankly a bit scared, so I am chomping at the bit as far as this whole thing is concerned. Even my lawyer is confused by this lack of regard for the case by them so he pretty much is telling me we have to just see what happens when we get there. I just wanted some "hypotheticals" from people who have "been there-done that" so to speak.

It's dreadfully stressful - we do understand! Sometimes though, even discussing hypotheticals can get you more panicked - what if XYD happened? Or even ABC?

You can drive yourself nuttier than a fruit cake. But yes, as LdiJ said, you do need to speak with your attorney. Try not to let it eat you up, y'know?