Q: How can I respond to a motion that was dismissed in error?
Long story short, I filed a motion to make changes on my divorce decree. The court ordered a mediation. I tried to set this up, my x refused to participate. The mediator filed paperwork to the court stating the "respondent" was not willing to participate. Unfortunately on the divorce decree I am the respondent. I had filled out my Intake form with the mediator opposite of what our decree has us listed as, so the court read it as though I was the one unwilling to participate in the court ordered mediation and dismissed my motion. Anything I can file to have them review with proof I was the willing participate?
A: Contact the mediator. If you moved for the modification you should be listed as the petitioner (regardless of how you were listed on the original decree). In other words, I think that the mediator correctly stated that your ex (the respondent) did not participate. If there is an error, the mediator can easily file a correction. If there is an error and the mediator will not amend the filing, you can file a motion stating that you were willing to participate and provide the evidence as part of the filing.
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A: If a magistrate entered the dismissal order you will need to file a petition for review of the magistrates order by a judge, setting forth what happened. If the judge finds error the case should be reinstated. You have 21 days from the date of the order to file a petition for review. If the order was entered by a judge, you can either file a motion pursuant to Colorado Rules of Civil Procedure rule 59, explain to the court what went on and asking the judge to reconsider his/her decision, or potentially a similar motion under rule 60. For rule 59, such a motion must be filed within 14 days of the date of the order. You might also contact the mediator to see if they are willing to put together a letter explaining who really failed to cooperate with the process.
A: If a magistrate entered the dismissal order you will need to file a petition for review of the magistrates order by a judge, setting forth what happened. If the judge finds error the case should be reinstated. You have 21 days from the date of the order to file a petition for review. If the order was entered by a judge, you can either file a motion pursuant to Colorado Rules of Civil Procedure rule 59, explain to the court what went on and asking the judge to reconsider his/her decision, or potentially a similar motion under rule 60. For rule 59, such a motion must be filed within 14 days of the date of the order. You might also contact the mediator to see if they are willing to put together a letter explaining who really failed to cooperate with the process.
1 user found this answer helpful
A: If a magistrate entered the dismissal order you will need to file a petition for review of the magistrates order by a judge, setting forth what happened. If the judge finds error the case should be reinstated. You have 21 days from the date of the order to file a petition for review. If the order was entered by a judge, you can either file a motion pursuant to Colorado Rules of Civil Procedure rule 59, explain to the court what went on and asking the judge to reconsider his/her decision, or potentially a similar motion under rule 60. For rule 59, such a motion must be filed within 14 days of the date of the order. You might also contact the mediator to see if they are willing to put together a letter explaining who really failed to cooperate with the process. If none of these avenue work you may need to file a new motion.
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