Opposing attorney had documents served upon on child under age 18 at my service address. The child's mother returned the documents (restraining order) to the opposing before allowing me to view. I was not able to view document via linx for they were sealed with ex parte order, but I was able to see a hearing date set. I contacted the opposing's attorney and requested a continuance and asked what were the documents. The attorney refused both and stated that process server signed sworn statement that documents were served upon adult, which is false. Any recourse to take prior to court hearing because my employer may not grant day off for hearing? If I must appear how can I get process server to appear and testify their lie?
Yes you can ask for a continuance for the purposes of hiring counsel. If this is your first requests, they are almost always granted. Be sure to advise the Commissioner that the opposing attorney refused the request.
The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation.
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