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Improper Service

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Washington

I was served with a motion for contempt last night at 7:00pm and the court day is today at 1:30.

I'm going to ask that the filing be thrown out, what is the normal court procedure for impropert service?

Thanks,
 


mistoffolees

Senior Member
It's probably too late for your particular question, but:

What is the motion for? It may be better just to show up than to mess around with delaying it.

You can ask the judge to postpone the hearing because you just got served, but the judge might well say "well, you made it here in spite of improper service - so let's go ahead".

Furthermore, you're already on the court's bad side - I'd be careful about getting into legalistic battles about technicalities.
 
It's for contempt again - he already included this issue (weekday time conflicts) in the last order and the commissioner dismissed it. So I'm not sure why he thinks it will go through this time.

I agree with you, I don't want to take any chances.

I think I will show and ask for the continuance. I spent hours getting my documents together in hopes they would accept my response being delivered today, do they allow documents being submitted during court?
 

Ohiogal

Queen Bee
It's for contempt again - he already included this issue (weekday time conflicts) in the last order and the commissioner dismissed it. So I'm not sure why he thinks it will go through this time.

I agree with you, I don't want to take any chances.

I think I will show and ask for the continuance. I spent hours getting my documents together in hopes they would accept my response being delivered today, do they allow documents being submitted during court?
Documents can be admitted into evidence provided they have a proper foundation and are admissible. But you can't just throw papers at the court and expect the judge to accept them.
 
The attorney did not confirm the hearing, so wasn't intending on being there in the first place.

That kind of behaviour shouldn't be allowed.

She said that she was going to re-note. They are playing games and it's interfering with my work schedule.
 

mistoffolees

Senior Member
The attorney did not confirm the hearing, so wasn't intending on being there in the first place.

That kind of behaviour shouldn't be allowed.

She said that she was going to re-note. They are playing games and it's interfering with my work schedule.
Then you're going to have to ask the judge to sanction them.

This is why you really need an attorney.
 
Yes youre right.

Especially since I don't know what "sanction" means.

Trying to do brain surgery without being a brain surgeon.
 

mistoffolees

Senior Member
Dictionaries are marvelous things. You know... those books full of words and their meanings. They even have them online now!
It's not worth bothering. If she can't even figure out how to find out what a 'sanction' is, then there's no way she should be doing this on her own.
 

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