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Can I file a counter at issue memorandum even if a trial date is set?

Orange, CA |

My ex has filed for legal separation which was no contest paper I was served. Her lawyer then filed an at issue memorandum stating that discovery is complete and that they are asking court for a trial. I spoke to him again and he ensured that there are no demands and that I he will send me a no contest resolution agreement etc. I have gotten notice from court for a trial setting conference. They have also filed paper work FL-141 stating that they have served me with mail her asset paperwork and her demands (FL-140 and FL-142) which they never sent me. I have no idea what their demands are and they are not responding to my letters. Can I still file a counter memorandum stating discovery is not complete even if a trial date is set? I live in TX & am surgery resident with no time to show up.

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Attorney answers 2

Best Answer
Posted

You state a trial date is set, but it appears to be a trial setting conference date. That occurred because the at issue was filed. you should file a counter at issue, just to tell the court and opposing counsel you will be raising the issue of lack of disclosure. Send and email or letter to opposing counsel and ask for copies you don't have of disclosure they said hey served. Also, make sure you have filed and served all required disclosures yourself. Ask the other side for a settlement conference. CourtCall.com can help tell you whether you can appear at this conference by phone. Do consider consulting with a local attorney to protect your rights, and be able to appear locally for you, until your actual appearance is needed at a hearing.

The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask proper, detailed questions to get the best legal advice upon which you can take appropriate action.

Posted

You should attempt to file a counter memorandum.
Usually, a Trial date is not set until you appear at the Trial Setting Conference to disscuss the issues in the presence of the Judge, so that the Judge can determine how much time you need.
If this is uncontested, then why did the other side ask for a trial? At this point, if all issues are resolved, you should be able to sign a Stipulated Judgment and submit that to the court.
Your situation is troubling.
Call the clerk and find out if you can appear telephonically for the Trial Setting Conference. In Los Angeles County, you can appear telephonically through Court Call. You do not indicate what county this Trial Setting Conference will take place.
If you appear telephonically for the TSC, and tell the Judge you have not received the Final Declaration of Disclosure, the Judge will not set the matter for Trial.

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Asker

Posted

Do I have to file declaration of income and expenses with the court (FL-150) ? The forms and the information online seem to pertain only to dissolution of marriage it is not clear to me if it is also required for legal separation

Nadine Marie Jett

Nadine Marie Jett

Posted

As part of the declaration of disclosure, you do have to file the FL-150 form.

Asker

Posted

Thank you for you answer. I just realized through online case access that the court does not have the proof of service of my initial response. The clerk told me it was likely lost in the mail or is a clerk error. Anyhow, is there a point to refile this form with the court? Given all my correspondences with the lawyer and the fact that they have asked for trial setting conference, it is obvious that they know I have filed a response with court. The actual response is on file

Nadine Marie Jett

Nadine Marie Jett

Posted

You can go ahead and generate a new proof of service and file it.