Calendar / hearing date


#1

My ex’s attorney had the court calendar a motion that was not yet filed. I was served only through email, though the certificate of service says 1st class mail. He filed it 2 days after emailing me. It was finally confirmed when I went to the court today that there is in fact a court date, although I went to the court on 2/7 AND called the court on 2/8 and on both days they were unable to find the motion.

The court date was set three days before the motion was filed and stamped. Because of all the hassle, and the attorney emailing me multiple variations of the motion and multiple certificates of service over the course of two months, I have not had time to properly respond or file an answer.

Were there rules violated by calendaring a motion that has not yet been filed? Or for not properly serving? If so, what rules were violated?


#2

I think I need to be more clear in my question.

I was never properly served through US Mail with the opposing party’s motion, nor was I mailed a notification from the court. The most recent email from the opposing party has a Motion, ‘certificate of service’ and ‘notice of hearing’ within 10 days.

I noticed that the opposing party calendard the motion then two days later he filed it.

Bottom line, how can a motion be calendared, when it’s not even filed in the system? Is that legal ? if not, what rules were violated?

Thank you,

Thank you,


#3

There are no specific statutes that deal with putting a motion on the calendar. All counties are different in their requirements for calendaring. For instance, in Wake County, a party or attorney can request that a motion be penciled in on the calendar before filing. In other counties, a motion won’t be placed on the calendar until properly filed with a notice of hearing.

Bottom line: you need to make sure they are following the local rules for calendaring and the rules of civil procedure as it relates to filing and serving the motion and notice of hearing.


#4

Thank you for your answer. We are in Charlotte, Mecklenburge County, is the rules violated if the attorney calendar the motion before it is filed? Thanks in advance


#5

I do not practice in Charlotte. I was just giving you an example to show you how the rules can vary. You need to review the rules for Mecklenburg County and make your own determination as to whether they have been violated.