Skip to main content

Do I have to re-serve the other party when a commissioner orders a continuing hearing?

Everett, WA |

I took my ex to court for contempt and because she showed up but did not respond , the commissioner had her sign a order continuing hearing and directed her to appear the public defenders office . I assume this is a continuance . The commissioner also had her sign a notice of appearance pro SE . So , at this point , do I have to get her served with the same paperwork again prior to our new hearing date ? If so , what are my time frames ? I also , have received further communications via text which I feel show additional evidence of contempt . Would i need to have her served again with my intention to introduce this as evidence for our upcoming hearing ?

+ Read More

Attorney answers 2

Posted

It would seem not, but, it would depend upon the court's direction and order. The judge should have addressed the issue.

Lisa Marie Micheli

Lisa Marie Micheli

Posted

It depends on whether you served her properly. In Snohomish county, a minimum of twelve days notice is required for any motion to be heard. in addition, personal service of both the motion and an order to show cause signed by the court is also required for a motion for contempt. If you did this in order for her to show up the first time, then the only thing you need to do for the next hearing is serve her with any additional documents or statements you intend to rely on at the next hearing. Same twelve day notice rule applies. Proof of service is also required so make sure that whoever served her the first time and serves her again files a return of service with the court. Mr. Coluccio is also correct that the court should have addressed this issue when granting the continuance. Good luck.

Posted

In most counties you have to give 14 days notice of any hearing. Check the local rules for Snohomish county. Any new paperwork you want reviewed by the Court should be included when you serve her. See my AVVO Legal Guides on contempt motions for more information about the legal issues raised by your inquiry. Click on my photo. On my AVVO home page click on "View Contributions" or scroll down further and click on "Legal Guides." Scroll down the list of my 29 Legal Guides and select the topics relevant to your question. If you like my answer and Legal Guides, please make sure you mark them as “helpful.” You can schedule a free ½ hour consultation with me by calling my office at 253-815-8440.

This AVVO Answer is provided for general educational purposes only. By using or participating in this site you agree and understand that there is no attorney client relationship between you and the attorney responding, and no attorney-client confidentiality. The law changes frequently, and varies from jurisdiction to jurisdiction. The information provided in this Answer is general in nature and may not apply to the factual circumstances described in your question. The applicable law and the appropriate answer may be different in the State or States where the relevant facts occurred. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer