Motion in the Cause


#1

Hi Attorneys,

I had a pro se client just retain me. The file is a mess. H filed complaint, W filed answer/counterclaim for perm. alimony and perm. CSUP. H filed Reply. She THEN tried to amend the counterclaim to include PSS and temp CSUP. She THEN filed a separate case action for specific performance (for enforce an invalid separation agreement) and temp. alimony and temp. CSUP.

So I’m thinking all I need to do to have PSS and temp CSUP heard is file a motion in the cause in the first case for PSS and temp CSUP. Will the judge hear this? Do you have any statutes or caselaw on point that I could use? (I think this is a better course of action than filing for leave of court to ask the judge to allow me to amend the complaint)

My second question is - should I voluntarily dismiss the amended counterclaim and the entire second file?

This is Mecklenburg County

Thanks!!
Julianna


#2

It seems to me that you would file a motion to consolidate, although there may be something in the local rules that addresses this issue. Unfortunately we do not practice in Mecklenburg County, so I’m not well versed in the Mecklenburg County rules or how the family court administrator and/or case coordinators would prefer the matters be consolidated. Another resource you could try is the State Bar, or if you are a member of the NCBA, you could pose your question on the NCBA forum. Best of luck.