Opposing Counsel not Responding & Reschedule Custody Hea


#1

I’m hoping for a little guidance.

My ex filed for a modification to custody based on my move out of state (July). We had a hearing in early August and set a temporary visitation order that went through January.

Opposing counsel requested a hearing and it was set for 2/16. We started the hearing, but ran out of time and the judge continued until 3/13. My ex asked for a continuance, my attorney consented (without my consent). I filed an objection to the continuance myself, but it was too late and the hearing was continued.

I fired my attorney (lack of representation and I am out of money). Judge has signed the order to withdraw.

I sent the judge’s clerk a list of dates that I could not be available for the rescheduled hearing on 3/16. I checked back with her twice and as of today, the hearing has not been rescheduled. I was told the clerk has not heard anything from opposing counsel on a reschedule date.

In the meantime, I have reached out to opposing counsel since I am now Pro Se and asking for Discovery. The original request came from my attorney on 1/16. Opposing counsel was granted an extension to 3/23. I’m not sure why our hearing on 2/16 began without the Discovery.

I have left two voice messages and sent one letter via e-mail. I have had no response from opposing counsel.

So, what do I do if opposing counsel will not respond? I still need Discovery and I would like to speak to him about rescheduling.

Doesn’t opposing counsel have to treat a Pro Se party as he would another attorney? Meaning he must respond to me in a timely manner?


#2

Unfortunately there are attorneys out there who are non-responsive, both to pro se parties and other attorneys. In the event the discovery has not been completed you may file a motion to compel compliance and set the matter for hearing.
With respect to the continuation of the custody matter the court will set a date on its own if opposing counsel continues to ignore the case.