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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.