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Am I required to appear at an ex parte hearing/scheduling conference? The notice only names the Plaintiff's attorney.

Winter Park, FL |

I'm the defendant/counterclaimant in a circuit civil case. There's been one hearing, at which time the judge admonished the opposing attorney and I to "work it out". The opposing attorney has since filed several aggressive motions against me, and an outrageous motion for temporary injunction which is basically a gag order. He's offered no exhibits, cited no case law, and this motion was 7 pages of repetitive, unsupported blather. I'm pro se, and can usually figure out most issues online or at the law library, but this time, I'm stumped. Do I have to be at this hearing? Also, I thought a scheduling conference was not a hearing, but that's what the notice says. Thanks.

Attorney Answers 2

  1. Typically I would say that only attorneys need to appear at ex parte hearings and scheduling conferences. However, since you are acting pro se, yes you do have to appear. You never want the other party's attorney to attend a hearing or any other type of appearance without you being there to know what happened.

  2. To supplement Ms. Jacobs' response, you want to be at any hearing where the attorney for the other party and the judge will be, for several reasons. The other attorney may make an honest error and you would be there to correct the error. The other attorney may make a deliberate error and you could correct that. Also, it will let the judge see you as a person, not a name on a piece of paper. And, you can make requests of your own. The attorney asks that you do something within 10 days, you can ask for more time, explaining why 10 days is too short.. Or the attorney asks for more time to do something, you can ask for less, explaining why the time they are seeking is unreasonable.

    I hope you found this response to be of assistance. This response shall not be considered the rendering of legal advise but instead a general response to a general question. While Avvo is a wonderful resource, nothing can be a substitute for an in-depth consultation with an attorney in the jurisdiction in which the law is to be applied. This response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner.

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