Do they have to wait for my lawyer?

[3junebugs]

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

My other thread was closed so asking here.

My hearing on Wednesday was continued until tomorrow (Monday) at 8:30 AM. When they continued it my lawyer told the clerk that he would be arriving by 11 because he had a cardiologist appointment at the hospital across the street. The clerk was fine with that but my son's father seemed to take issue.

Could the courts force me to proceed without my lawyer? Or if he states he will be there before the lunch session begins, can / will / should they wait?

Usually they list over 25 cases for the morning session alone. It's quite ususal to arrive at 8:30 and then not get called in until after 12.

 

[sandyclaus]

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

My other thread was closed so asking here.

My hearing on Wednesday was continued until tomorrow (Monday) at 8:30 AM. When they continued it my lawyer told the clerk that he would be arriving by 11 because he had a cardiologist appointment at the hospital across the street. The clerk was fine with that but my son's father seemed to take issue.

Could the courts force me to proceed without my lawyer? Or if he states he will be there before the lunch session begins, can / will / should they wait?

Usually they list over 25 cases for the morning session alone. It's quite ususal to arrive at 8:30 and then not get called in until after 12.

If you are represented by counsel, and your counsel is not present, they can't force you to proceed without them (not ethically, anyway). Chances are that the court will just handle all other matters before yours if extra time is needed while waiting for your attorney to get there.

 

[Ohiogal]

If you are represented by counsel, and your counsel is not present, they can't force you to proceed without them (not ethically, anyway). Chances are that the court will just handle all other matters before yours if extra time is needed while waiting for your attorney to get there.

However the attorney is well aware of tomorrow's hearing and should have substitute counsel present in case he cannot be there. Mom may find that she can be sanctioned for holding up dad due to the fact that their case is set for 8:30 a.m. and the attorney is going to keep them there until later than that.

 

[3junebugs]

However the attorney is well aware of tomorrow's hearing and should have substitute counsel present in case he cannot be there. Mom may find that she can be sanctioned for holding up dad due to the fact that their case is set for 8:30 a.m. and the attorney is going to keep them there until later than that.

We all were present and on time for our hearing on Wednesday (12/7). The judge had an emergency and rescheduled it for tomorrow (12/12) Due to the short notice 1) My attorney couldn't resched his appt and 2) His partner was also unavailable.

The clerk assured us it would be okay - but that was just the clerk. I am not very comfortable with this judge as it is - so I want to know what my rights would be if for whatever reason they tried to tell me I had to proceed without him. It's not that he will not be coming at all - just that he won't be able to check in before 10:30 at the earliest. As with many courts, the 8:30 time is just a check in time. The judge will call which ever case she wants to in which ever order. I have gone to a 8:30 AM listing just to sit and wait until 12:45 to be called in front of the judge.

Im thinking it should be a non-issue becasue there should be plenty of cases to fill the day where the judge wouldn't be just waiting on us. I would hope that they would also be patient if he had another appearnce in another court. Does it make that much of a difference that it's for a personal matter?

 

[Ohiogal]

We all were present and on time for our hearing on Wednesday (12/7). The judge had an emergency and rescheduled it for tomorrow (12/12) Due to the short notice 1) My attorney couldn't resched his appt and 2) His partner was also unavailable.

The clerk assured us it would be okay - but that was just the clerk. I am not very comfortable with this judge as it is - so I want to know what my rights would be if for whatever reason they tried to tell me I had to proceed without him. It's not that he will not be coming at all - just that he won't be able to check in before 10:30 at the earliest. As with many courts, the 8:30 time is just a check in time. The judge will call which ever case she wants to in which ever order. I have gone to a 8:30 AM listing just to sit and wait until 12:45 to be called in front of the judge.

Im thinking it should be a non-issue becasue there should be plenty of cases to fill the day where the judge wouldn't be just waiting on us. I would hope that they would also be patient if he had another appearnce in another court. Does it make that much of a difference that it's for a personal matter?

Not really. It matters that the judge ordered you there at 8:30. If the judge wanted to, the judge could take your case first. If you can't proceed, that COULD be a problem. Your attorney should have asked for backup to attend if he could not. Or asked for a continuance OFFICIALLY until 10:30.

Is it a guarantee that this is a problem? No. But it COULD be.

 

[3junebugs]

Not really. It matters that the judge ordered you there at 8:30. If the judge wanted to, the judge could take your case first. If you can't proceed, that COULD be a problem. Your attorney should have asked for backup to attend if he could not. Or asked for a continuance OFFICIALLY until 10:30.

Is it a guarantee that this is a problem? No. But it COULD be.

Ok. I understand. They CAN make me proceed or determine, if I am not ready or willing to proceed, to continue again or dismiss. *sigh*

 

[3junebugs]

Well. My lawyer made it here by 10 am. Dad is still a no show. The clerk called his cell and spoke to him and he said he would be here in 30 min. That was 45 min ago :-/ he told the clerk he hadn't even planned on leaving until until 11! We are the last case now. And the judge is becoming impatient.