Q: Can a hearing date be moved without a pro se litigant being notified? If not, what can I do about the outcome?
I had a hearing scheduled for my case get postponed until another hearing scheduled for 21 days later occurred. However, the judge and opposing party both were in court on the date for MY case but were discussing the other case. I almost didn't show up, even called the clerk of the court to confirm my hearing was not on the schedule, yet the hearing scheduled for the other date occurred. I was caught off guard, unprepared and confused. What can I do to address what I feel is judicial misconduct and a violation of my due process rights?
A: Hearing dates are fluid and are constantly subject to being changed for many different reasons some of which can be due to the court's calendar or counsel's conflict. If a court hearing is changed, you should have received a notice giving you the new hearing date. Although I understand your frustration, generally speaking a change in a hearing date does not amount to judicial misconduct.
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