I filed Contempt # 2 against ex - wife for failure to follow Divorce Decree on multiple items related to children . She signed for notification of contempt hearing . She did NOT show up , I put on my case and win . She then files a motion for a new trial . Her attorney [ same as in case 1 ] falls on her sword . She alleges in her motion that she met with my ex wife who had a nursing school sched conflict . Atty had " planned to file for a continuance " , but FORGOT to do it . She also used the exact same excuse in contempt # 1 [ diff magistrate ] if it matters & I have copies . To me its the " dog ate my homework " motion . Can I file a counter motion to ask to deny them a new trial ? What are my chances of success ? Do courts normally give 1 free pass ? Any suggestions for points to make in my motion ?