Served with no court date on it.

Can someone get served with a contempt of motion, without a court date on it. Lawyer said he's waiting on a date.

Port Saint Lucie, FL -

Attorney Answers (1)

Eugene P. Castagliuolo

Eugene P. Castagliuolo

Litigation Lawyer - Largo, FL

A motion is created and exists independent of a hearing or notice of hearing. Most courts will not even allow an attorney to set a motion for hearing until that motion has been filed with the court. So the first step is to file and serve the motion. After filing the motion, the attorney obtains hearing dates/times, and after coordinating a mutually-convenient date/time with the other side, the hearing date/time is set. So a lawyer stating that "he's waiting on a date" is not unusual.

As of the time I provided my answer to your question(s) today, I am NOT your lawyer and you are NOT my client.... more

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