I have an upcoming hearing (next week) on an Motion and Affidavit in a contempt order. I have paid the "purge" that was required. I am supposed to "return" property that was awarded to me in our MSA according to the Order. I have filed an appeal with the DCA and filed a Motion to Stay Enforcement, but it won't be able to be heard by the Judge in time since I only received 10 days notice of the hearing. My question is . . . I was never served with the original Motion and Affidavit but there was a hearing set and I did receive notice of that. Is there a procedural rule that can automatically continue this hearing since I was never served with the original Motion and Affidavit?
Do you have the motion and affidavit now? If you have never seen it then you might be able to argue at the hearing for a continuance to have time to prepare but it sounds like a stretch. It also depends on the judge and what they are in the mood to do that particular day. Does the other party claim the motion was sent to you?
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Are you saying you filed an Appeal Pro Se? Is it on the same issue as the Contempt Motion is for? It sounds like we are missing some important facts.
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While you may be able to obtain an adjournment, your best bet would be to consult in person with a local family law attorney. Search on Avvo or call around, but don't wait!
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In order to give you the best answer to this question, I would need to see your final judgment and any settlement agreements. I would send the Judge a letter with a copy of your Motion to Stay and request a brief hearing before the hearing or at the hearing on the enforcement matter. Please make sure that you order a court reporter since you may want to ask the appellate court to review the trial court's stay order, if denied. I would go to the clerk of court to get a copy of the motion. I highly recommend speaking to a lawyer.