Procedure Question


#1

A complaint for ED was filed April 5, 2012
The IPTC was held July 13th, 2012. At that time, the parties agreed to a Judicial Settlement Conference. Date to be determined.
At that same IPTC, a Scheduling and Discovery order was entered noting that the FPTC would occur during the court session beginning on October 19th and the trail would be scheduled during the session beginning on November 5th.
The Plaintiff was granted leave to and filed an amended complaint. The court then scheduled a second IPTC for today, December 7th,
At that hearing, the judge said there cannot be a second IPTC and the original order stands.

So whats going on? No Judicial Settlement Conference has been scheduled, the date for the FPTC has long since past as has the date for scheduling the trial.

So what is happening? The Scheduling and Discovery Order clearly states that the Judicial Settlement Conference must be completed before the FPTC.

So is the Plaintiff just to wait to be notified of the Judicial Settlement Conference date? How does that affect the FPTC and Trial?

Any help is appreciated…


#2

Even if the IPTC order stands, you still need to reset the trial date. What happens depends on your jurisdiction. If you are unsure, you should contact the courthouse to find out when/how the trial should be rescheduled. Then, contact opposing counsel to schedule mediation prior to that date.


#3

Opposing counsel has absolutely no desire to mediate anything with me. I have offered, in person and in writing, to try to negotiate a settlement even before the original IPTC. They will not respond to anything except answering requests for admissions/production of docs and things and even then they are failing to produce/admit to many things. I have already had to file a motion to compel to finally get some financial documents. I will have another motion to compel filed around the 20th of this month for further docs they refuse to produce.

To re-schedule the FPTC and Trial, do I contact the Family Law office? This is Mecklenburg County. Divorce can be filed for on January 28th and I think they are trying to put this off and hope they trip me up with a procedural issue.

Any advice? I would hire an attorney but I am flat broke. Flat…


#4

Yes, I would contact the family court and get a court date for both and file the appropriate notices and calendar requests.