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Motion to Postpone

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bononos

Senior Member
What is the name of your state? OH
Just got a motion to postpone from ex's attorney.
The motion is being heard at 1:30 TODAY!

He wants to postpone because he has a civil case scheduled that day, this is the 2nd time it is being postponed.
April 27th was first date.
May 2nd is current date.
Now, another postpone.

I'm guessing this is OK and I don't need to be there? Since the motion was filed YESTERDAY?
 


stealth2

Under the Radar Member
Uuuuh... how is it postponing if the scheduled dates are in the next two months, and the new date is today? That makes no sense...
 

bononos

Senior Member
stealth2 said:
Uuuuh... how is it postponing if the scheduled dates are in the next two months, and the new date is today? That makes no sense...
The judicial conciliation was initially scheduled for April 27th.

They motioned to postpone it last week sometime, and the judge ordered the judicial conciliation to be rescheduled for May 2nd.
(I received no papers stating the were motioning for the first postponment)

Now, today I receive papers stating that they are again motioning to postpone, and the motion was heard at 1:30 today.

I am confused on how these motions can be heard without my presence (me-pro se).
Every motion I have filed needs 5 days service in advance and his attorney is present.
His motion was filed yesterday.
 

stealth2

Under the Radar Member
Oooooooooh, I get it - the motion to postpone was heard - I somehow thought that the conciliation was being heard today. I don't know the answer to your question, however. Sorry!
 

bononos

Senior Member
stealth2 said:
Oooooooooh, I get it - the motion to postpone was heard - I somehow thought that the conciliation was being heard today. I don't know the answer to your question, however. Sorry!
Thanks.
Hopefully if they get it postponed again, it will only be by another week.

After all this time, I see an end in sight and of course, the end drifts further away.
Plus, I'm ticked that being pro se, I jump through every hoop to file things properly, and give proper notice and certifercates of service, and his attorney does NOTHING right by what I can see of the rules of civil procedure.

Actually, I haven't even received one damn thing about the conciliation being postponed the first time to May 2nd, I always check my case on searchsystems and found out about it there.
 

casa

Senior Member
bononos said:
Thanks.
Hopefully if they get it postponed again, it will only be by another week.

After all this time, I see an end in sight and of course, the end drifts further away.
Plus, I'm ticked that being pro se, I jump through every hoop to file things properly, and give proper notice and certifercates of service, and his attorney does NOTHING right by what I can see of the rules of civil procedure.

Actually, I haven't even received one damn thing about the conciliation being postponed the first time to May 2nd, I always check my case on searchsystems and found out about it there.
Ya know my nuttyX's attorney played this 'service' game a lot when I was pro se....when I hired an attorney, it magically stopped:cool:
 

bononos

Senior Member
2 other queations to add:
This is a judicial conciliation, so it is with our judge, not a court officer as the basic conciliation was.
I filed all the papers necessary, but realized I missed one imporatant thing.

In the contempt portion of the custody mod. I had gotten 2 police reports from Christmas when ex refused to release son on my times.
I realized that I only attached one, and only this one is on file when I check my case status.
How can I add the other, which is actually more detailed added????
Can I just bring it with me?
I think it should be on file, so any ideas on how to add to an already filed motion?

Also, I do have recordings of voice mails that might be necessary to use. In conciliation, are the evidence processes followed or can I basically present it that day if needed?

Thanks if anyone knows, this is alot to ask. Really, really, really wish I could afford an attorney. I can't really find it in rules of evidence, nor do I know if rules of evidence apply here.
 

bononos

Senior Member
Another...

I think I figured out how to file the other report as an additional exhibit.
Does anyone one think it would be a good idea to write up transcribed documents of the voice messages from the contempt days and add them as additional exhibits?

Sorry, I'm a pain today?
 
N

nicetryadmin

Guest
bononos said:
Another...

I think I figured out how to file the other report as an additional exhibit.
Does anyone one think it would be a good idea to write up transcribed documents of the voice messages from the contempt days and add them as additional exhibits?

Sorry, I'm a pain today?
I am going to assume you mean phone voice messages? If so, you might want to have a neutral party transcribe them. If you did it, I would think it would make it easy for the other side to question the authenticity of what was written...
 
N

nicetryadmin

Guest
bononos said:
Thanks.
Hopefully if they get it postponed again, it will only be by another week.

After all this time, I see an end in sight and of course, the end drifts further away.
Plus, I'm ticked that being pro se, I jump through every hoop to file things properly, and give proper notice and certifercates of service, and his attorney does NOTHING right by what I can see of the rules of civil procedure.

Actually, I haven't even received one damn thing about the conciliation being postponed the first time to May 2nd, I always check my case on searchsystems and found out about it there.
If you weren't properly served, this is something to bring to the courts attention, citing Civ. R. Plus, who calls it a motion to "postpone"???
 

bononos

Senior Member
nicetryadmin said:
If you weren't properly served, this is something to bring to the courts attention, citing Civ. R. Plus, who calls it a motion to "postpone"???
In the forms I actually did receive from his attorney this time, he was heard in motions court on a "Motion To Postpone" yesterday.
He is requesting the next available date for rescheduling due to a conflict in his schedule.
I busted him on th erules of service before and nothing was done.
The judge just smiled, shook her head yes, and said, "I believe you are correct and this was not served in the proper amount of time", but nothing came about from it.
That time it was a response and he filed it 3 days prior and I received the day before the hearing.
 

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