NYC Civil: I received an unfiled Note of Issue from Plaintiff in a Divorce proceeding with incomplete forensics and an open Plaintiff motion for Pendente Lite with Opp papers from AFC and defendant. CivPro calls for 20D to motion to strike the Note or the clock starts ticking on Trial commencement (within 15 mos). In previous brief from Judge's attorney, it was stated defendant would be entitled to a court appointed attorney should a trial commence. Do I(defendant): A) Motion to Strike due to open Opp Papers on the Pendente Lite motion or B) Motion requesting court appointed attorney? or C) Both?
I recognize that my pro se representation will be burdensome to the Court as the complexities ratchet up significantly in trial procedures. I also recognize that if the judge agrees we should commence trial, the attorney needs to be brought on asap to give them time to get up to speed .
You should submit an objection/opposition stating that it is premature.
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