A week before my set divorce trial date my husbands attorney filed a motion to adjourn the trial to allow more time for settlement. I do not want the trial adjourned as we have been going to court for a year n they have only discussed one settlement and refuse to discuss another one but filed a motion saying they have sent me several offers were in fact they have not. Also this motion of adjournment comes days after they filed a stipulation and order for adjournment stating that I agreed to adjourn the trial when in fact I had not and the judge just responded the day before the attorney filed this new motion of adjournment stating that he is not adjourning the trial because my signature was not on the order. My question is could the judge adjourn the trial ?
The judge could adjourn the trial on the court's own motion but probably would not if he already denied a request for an adjournment. You should respond with a letter, copied to your husband's attorney, objecting to an adjournment and pointing out he tried to obtain an adjournment based on a stipulation you did not agree too. Some courts take faxed letters. Call the clerk of court's office in your county to find out or simply mail it ASAP. If there is a hearing on this motion you will want to appear and object. Good luck.
11 lawyers agree
Personal Injury Lawyer
Without any objection from you the judge could adjourn the trial. You need to object to the motion and let the court know you will be filing a formal objection so that the judge does not adjourn the trial under teh impressin that you are agreeing to it.
DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.
Lawsuit / Dispute Attorney
The Court MAY adjourn the trial. Please be prepared to explain how you would be prejudiced if the trial were adjourned. Also, you should explain any improper motive that your ex may have for seeking this relief.