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Evidentiary Hearing Assistance
I posted this in the other forum, but thought it might be better served here. Please accept my apologies for the duplication.
I am attempting to get an Evidentiary Hearing scheduled and I would like to know if anyone here has any background on what might take place and how should I prepare?
Background:
I was served with Dissolution papers which did not have anything in them that would even be considered in the best interest of our child. The dissolution has always been "contested" because of custody and the well-being of the child. Because I did not have an attorney, I prepared a counter petition pro se. I had the counterpetition and other necessary forms prepared and notarized within 3 weeks (I had 4 weeks to reply). Before I was able to fax and mail the notarized paperwork, I was arrested on a writ of bodily attachment.
Earlier in the week I got a notice of intent to issue a writ of bodily attachment for unpaid purges when, in fact, the purges were paid and I had and have, proof. I believe my ex's attorney had the plan of having me in jail so I would be in default.
Well, I spent the remaining days I had to reply in jail. On the 28th day, my ex's attorney filed the Default that same day. I was released days later on a Writ of Habeas Corpus because I had not seen a judge for my charges even though I was incarcerated for over a week. I did not have to pay the purge that was said to be required.
A day or so after being released, I contacted the Clerk of Court to see how to proceed with the notarized documentation. I was informed the Default was signed and the Final Judgment for Dissolution was on the Judge's desk to be signed. So, I prepared a Motion to Set Aside the Default and the Final Judgment and had them notarized. I then faxed over the Counterpetition and its documentation, the Motion to Set Aside the Default and Final Judgment.
Days later I called to check the status of the paperwork. I was informed the judge had signed the Final Judgment but did not sign the Motion to Set Aside the Default or the Final Judgment. Instead, he commented on the file that "Motions not necessary, Evidentiary Hearing necessary". I contacted the Judge's office where his assistant said that a hearing would have to be conducted before the Motions to Set Aside would be approved or not approved. She gave me time slots that were available for a hearing and said I would need to contact my ex's attorney to set up a time. Her attorney said none of the times were good for her and, in fact, she would not be available for another month or so.
So, here I am needing an Evidentiary Hearing and I would like to know if I can just file a Motion for an Evidentiary Hearing with the court, where the court will set a time and correspond that with my ex's attorney?
Does anyone have a recommendation and does anyone know where I can find some sample motions to prepare a Motion for an Evidentiary Hearing myself. Also, I am filing it pro se, but should I also include wording that has to do with natural person or otherwise?
Thank you in advance.
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A child is born; a blessing to the parents.
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