I'm currently in a divorce case in California. Scheduled MSC has been continued 4 times, 2 times by me (surgery), and once by petitioner. Today at scheduled MSC, my attorney was not there. Opposing asked for a continuance ( my attorney was in a trial).
The judge ordered it "off calendar". Does that mean I have to start all over again? What are the next steps to get this to resume again?
Family Law Attorney
Off calendar means that the MSC was not continued. Instead there is no MSC calendared in the case. An MSC is a Mandatory Settlement Conference. If the court took it of calendar, the case will proceed to trial without such a conference, unless and until the court again orders one.
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Divorce / Separation Lawyer
Off calendaring means taking the matter off the Court's calendar. Judges typically do not like continuing matters multiple times because there are other cases that would have used that time. No, you don't have to start all over again, but you will probably have to file either an At-Issue Memorandum, Status Conference Report, or Case Management Conference Statement (they're all essentially the same document but each county has its own title for it) to get it "back on calendar," meaning set for another MSC. It doesn't sound like you have a trial date yet, but if you do, the next step is trial. I'm sure your attorney will do a great job explaining the process to you and getting the case back on calendar.
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