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homeinlanta
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Reged: 06/09/09
Posts: 3
No show for Emergency Motion Hearing
      #553490 - 07/13/09 03:07 PM

Late last week my STBX's attorney filed an emergency motion to establish visitation. There is NO emergency, as documented via an affidavit from the court appointed counselor. My wife is making alot of accusations and allegations, all which have not been proven and/or have no evidence.

This morning the case was to go on a 4 day court calendar for scheduling this week. Under Rule NISI, it states, Calendar Call will be conducted at 9AM on the date assigned and priorities will be set at that time. Furthermore, it says that Appearance is MANDATORY at calendar call in order to remain on the calendar. STBX & her attorney never showed up for calendar call, for a motion that they called EMERGENCY.

However, judge went ahead anyways and put the case on the court calendar for Thursday. Only my attorneys were present for this mornings calendar call.

I would have thought that the judge would have dismissed the motion, or would have made a judgement in our favor of the motion to be denied since they did not show up for the calendar call.

Can a judge place something on the calendar without anything being presented beforehand that stated why her attorneys would not be there?

Seems like this proves again that their was no emergency, if they did not show up.

Anyone have any opinions?


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