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Is my lawyer required to appear in court for a hearing if one is set? is he required to file a response on my behalf to a motion

Salem, OR |

If I have a hearing for motion to show cause filed against me by husband's divorce attorney, does my attorney have to file a response to the court? I asked him to but he's refused. we have the hearing in a couple of days, I keep asking his staff and even emailed is he going, we have not met to discuss it, no response. I tried to make an appointment they say he's busy? I dont know if he's coming or not and the court hasnt heard my side of things as husband is making false claims, frivelous and can easily be proved if my attorney would file something? I need a new attorney I know but no way to get one in just a couple of days. what do I do? I believe I'mm in contempt if I dont appear? I will be eaten alive if my attorney is not there and his is. husband's divorce attorney is very aggressive?

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Attorney answers 1


Your attorney doesn't necessarily have to file a response, although it might be a good idea. (Note that filing documents isn't how you 'prove' anything - pleadings are not evidence. You present evidence by introducing testimony and, sometimes, documents, at the hearing itself.) They certainly do have to appear for the court date, though, as should you.

If your attorney doesn't appear for the hearing, then you can ask the Court to reset (reschedule) it - they probably will do so on their own anyway; few judges would insist on carrying on a hearing without one of the lawyers present. The biggest problem would be if your attorney shows up for the hearing but is not prepared for it. You need to either get a new attorney, or lean on him to get ready - possibly by threatening to fire them at get someone new.

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looking for new one now, so far no one has that day available? I am asking mine to get ready, I am being ignored. he's not taking my calls, his assitants say he's busy so no time for an appointment, they ignore my calls say dont have time to talk, I am emailng no answer yet. hearing is monday. nothing has been filed in response yet. very worried

Jay Bodzin

Jay Bodzin


I suppose you could always go to the hearing and tell the court that your attorney has been ignoring you and you're afraid he's not ready, and ask them to reschedule, even if he is there. That's a very drastic step, though.