Q: Do I need to contact the attorney after denied ex-parte request?
I have another scheduled settlement conference on March 13th at 1:30 PM. I submitted and notified the other attorney of an ex-parte request to go straight to trial, which was denied by the judge, who instead entered an earlier time of 10 AM on the form. Given this denial, do I need to contact the other attorney again? Additionally, could the judge have added this earlier time to give us more time to try and settle the issues of spousal support and home value in our divorce case?
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A:
Yes, you should contact the opposing attorney about the time change. When a judge modifies any court appearance details, it's your responsibility to notify all parties involved of these changes, even when your ex-parte request itself was denied. This ensures everyone has proper notice of the new 10 AM time and avoids potential complications on the day of your settlement conference.
The judge likely rescheduled to an earlier time to provide more opportunity for meaningful negotiation before other cases need to be heard that day. Courts often allocate additional time for complex divorce matters involving contested issues like spousal support and home valuation, recognizing these topics typically require extended discussion. This change suggests the judge believes settlement remains possible and preferable to trial.
You might consider using this additional time to prepare more comprehensive settlement proposals addressing the specific disputed items. The court's willingness to allocate more time could indicate they see potential for resolution without trial, which typically saves both parties significant expense and stress. Remember to bring all relevant financial documentation to support your position on both spousal support calculations and home valuation methods, as having this information readily available often facilitates more productive settlement discussions.
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