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I am scheduled to go to trial on the 27th of Sept on the Williamson county uncontested docket for my final hearing.

Austin, TX |
Filed under: Uncontested divorce

Opposing attorney filed a "First Amended Counter Petition" leaving my no time to counter within the 30 days before trial. Can I show up and state that I do not agree with her "First Amended Counter Petition" requests and will the judge then consider it "contested" and reschedule or decide on his own what to do. I intend on reading a statement to the court defining my objections the her "First Amended Counter Petition" charges. what else can I do? Or should I ask for a continuance?

Attorney Answers 2


Sorry to hear this. First i would serioulsy consdier retaining an attorney and not trying the case yourself, if you can't then you should file what you need to and ask that it be heard due to the time constraints placed on you by the other side. The court is all about equity and fairness. good luck and take care. I would not just show up, i would either ask for a continuanc or file your motion asking that it be allowed, whatever you do, i suggest do it immediately.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Pleadings can be amended within 7 days of the trial date without asking for leave of Court. See Texas Rules of Civil Procedure 63. Therefore, your objections to opposing counsel's amended petition may be denied. The good news is that you can still amend your pleadings without asking for permission from the Court if you are within 7 days of trial.

If opposing counsel has alleged new causes of action that you will need additional time to prepare evidence and obtain witnesses to defend against, then you need to tell the Court exactly that by filing for continuance. God's speed.

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