I am pro se, I filed a motion and during the divorce hearing the judge granted a continuance due to some stuff not done in the separation agreement that was suppose to be done prior to divorce. Do I need to provide my ex with a copy of the continuance court order with a certificate of service? He was there with his attorney at the hearing and they know about it, I just didn’t know if I needed to provide them a copy as well.
If the other party is represented by an attorney, you need to serve a copy of the order on the lawyer, along with a certificate of service.
Any filing must be served on the other party, regardless of whether they were present in court that day or not.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you! If the court order is already efiled and put on portal by judge, do I still need to file a certificate of service that has been sent to the opposing attorney for documentation on the eportal? I mailed the certificate of service but didn’t know if I needed to file it on efile/portal as well.
Yes, you should still file the certificate of service no matter what. This proves that you properly served the other party with a filing and the method that you used to serve them.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Thank you! Is it appropriate to email my ex’s attorney asking for a update of things that need to be done before next hearing date, if I am able to find the attorney’s email address?
Once more question, sorry–but do I need to send a notice of hearing to the opposing counsel as well or just a copy of the court order and certificate of service being its a continued case?
Yes, it is fine to email your ex’s attorney asking about an update.
If the court order is a continuance order (Order to Continue), then you do not also need a notice of hearing. This is because the court order is what is setting the court date, not the notice of hearing. You will need a certificate of service showing you properly served the continuance order to the opposing party/counsel.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.