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What does "Matter is at issue mean?"

Brooksville, FL |

My court case indicates that three documents have been filed. I no longer have an attorney, so I am not sure what to do now. I have contacted the Family Legal clinic. I have a court date in a month for spousal support. My case states that a notice of service to interrogatories to Respondent has been issued and a request to produce has been issued. My lawyer has filed a withdrawal from my case. I can no longer afford him. Where are these documents being sent? I am attempting to file documents through the Florida law site. I have completed a Financial Disclosure statement prior to my lawyer withdrawing. How can I tell if my spouse's attorney has received the documents? There is no mention of it on the status of my case?

Attorney Answers 1

Posted

1. Documents are sent to the parties at their last known address in the Court file. If your attorney filed a Notice of Appearance in the case then in order to withdraw from your case he/she had to file a Motion to Withdraw and have a hearing on the motion, granting his/her right to withdraw and reciting your last known address for all future mailings to go to. Unless he/she has withdrawn, all mail will continue to go to him/her as he/she still represents you in the eyes of the Court.

2. "Matter is at issue" means that something is ripe for the Court to consider & rule upon (typically it means it is ready for hearing/trial).

3. The only way to know if your spouse's attorney has received a document is to either (1) ask him/her or (2) see if a certificate of service is in the Courtfile saying it was mailed/faxed/hand-delivered to the attorney on XX date. If it's not in the Courtfile then as far as the Court's concerned it hasn't been sent (unless the receiving person admits receiving it).

4. There is typically nothing reflecting the current "status" of the case from your standpoint in the Courtfile. As far as the Clerks' concerned a case is either "open" or "closed" and the only difference is whether or not something is pending or if everything has been resolved so the Judge/General Magistrate/Court doesn't need to do anything with the file.

To learn about your rights/responsibilities and how to proceed with your case, I recommend you seek a consultation with another Family Law attorney in your area to insure that the 1st attorney has properly withdrawn, that your paperwork has been properly filed, that you comply with the pending discovery requests, that you comply with the requirements of Mandatory Disclosures, and that you properly prosecute/defend your case and protect your interests.

-Fred Pollack
Frederick L. Pollack, P.A.
Attorney and Counselor at Law
412 E. Madison St., Suite 915
Tampa, FL 33602-4617
Tel: (813) 228-0400
Fax: (813) 228-0600
E-mail: fred@familylawtampa.com

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