Rules 59 & 60 motion

North Carolina Divorce Law Divorce and Separation Answers
1

I have been going Pro Se in the custody case with my ex’s lawyer…
Our case was heard and a temporary court order filed on Dec. 12. His lawyer had asked the court to appointed a GAL to insure compliance of a new visitation time. (I was granted a new schedule for few afternoons with my kids.)
I was notified by the GAL that there is a conflict of interests, as this GAL works in the same law firm with my ex-lawyer. (When I had some funds then.)Therefore, I had denied this GAL due to conflict of interests. (This is after the court order was filed.)

My ex’s lawyer now put in another motion filed on 28th of Dec. Asking under rules 59 & 60 that to modify the temporary court order by denying my afternoons that were granted by the temporary order. This would mean to maintain the current schedule, in which I am only seeing my children every other weekend.

My questions:

  1. May I pick up my kids from school for the granted afternoons? Or does this GAL problem now cased for me not able to pick up the kids?
  2. Do I need to file a respond or reply to this new compliant/motion? If so, how would you suggest to respond this?
  3. If the above is yes, how do I file a reply? Take the reply to the court office? Mail another copy to my ex or his lawyer?
  4. What would you suggest I do in dealing this situation?

Thank you for your help!

2

Hi,
In additional to my questions above. I just got another paper for “Notice of Deposition”, it has date/time and meeting place at a business meeting room called Corporate Center Court. I did a search, it is a rental office, so probably just a location to meet for deposition for oral examination (rule 30).
Unlike other filed court papers, this one doesn’t have the “Filed” court stamp with date/time from the court house. (That would then mean, it is not filed to court house, right?)

  1. What is this? Do I need to attend?
  2. If I do, what should I be watch out for? I fear of anything I say, may be manipulated or made assumptions of, or taking out of context.
  3. If I do need to attend, how does this type of deposition is recorded?

Thank you again for your help!

3

I recommend you do reply to the motion. You will file your formal Reply with the clerk at the county courthouse. Responses to pleadings are due 30 days from the date of service (the day your received it). Your reply should be filed with the court and sent to your ex’s attorney. Until the motion is heard in court, you can continue the current custody schedule. The motion doesn’t change the existing schedule unless/until the judge grants it.

A depostion is a means to gather information prior to trial. Your testimony given at the deposition is sworn, and can be used in court at the hearing. You are required to attend. Money cannot buy court orders, but can buy good legal representation. I strongly advise you to obtain counsel to represent you in this matter.