Q: What is the likelihood of a new trial after a contempt hearing where defendant did not show?
June 2019, I had a contempt hearing with my daughter's father who failed to appear filing a medical excuse via efile. The court denied his medical excuse since he was defending himself. I presented evidence to show that her father had failed to hold up his portion of our court order. The judge ruled in my favor and he needed to pay immediately. The judge instructed me to take the contempt order to child support office and/or take them to be filed in Alabama. Monday they stated they would not be seeking the arrears that were ordered, I would need to domesticate order in Alabama. I was planning to take the order to Alabama on Tuesday; however, I was served via mail a motion for a new trial as well as a rule nisi. The rule nisi is blank and no court date has been included. His lawyer is stating that the evidence and facts presented were contrary to evidence. Do I need to respond and what's the likelihood of a new trial? Do I need to stop the process on domesticating the order in Alabama?
A: You should consult with an attorney about your options. A new trial may be granted. It's possible the same order would be issued. It doesn't appear that a hearing has been set yet, but it might. You need to speak with an attorney who can review your file and give you advice.
A: There are facts to your case we would need to know in order to give you a thorough answer. It is possible you could get a new trial, but we can't say without knowing the facts of your case in detail. You should consult with an attorney who can review your case in detail and provide you with the options. -Homer P. Jordan IV, Esq. 404-620-1558 HomerJordan.com