Hearing

[syskjw]

What is the name of your state? fl
We have a court date on this Monday 10. Yesterday I recieved a Answer to Supplemental petition and none of the other papers where with it. She was served aliassummons on 7-12 so she is well over the 20 days and 45 days for the other documnets. On 8-3 I servrd her with Imterrgatories seems how there was not a finicial aff. She has not responded within the 30 days. I looked online and she has filled all the other forms with the court that was suppose to sent to me aswell on 9-6. Will any of the documents be accounted by the judge seems how I never recieved copies? And I work up untill I have to leave for court so I can not get a copy of the forms from the court which is actually not my responsibility she is suppose to have me the copies. And on 8-14 Default was entered. This is what was online.
6-Sep-2007 D001 NOTICE OF SOCIAL SECURITY
6-Sep-2007 D001 COPIES OF PAYSTUBS
6-Sep-2007 D001 NOTICE OF FILING CHILD SUPPORT GUIDELINE WORKSHEET W/ATT
6-Sep-2007 D001 FINANCIAL AFFIDAVIT
6-Sep-2007 D001 CERTIFICATE OF COMPLIANCE
6-Sep-2007 D001 ANSWER DENYING ALLEGATIONS TO SUPPLEMENTAL PETITION
20-Aug-2007 NOTICE OF HEARING * 09/10/2007 03:45 P.M.
20-Aug-2007 D001 AFFIDAVIT OF SERVICE (ALIAS SUMMONS SVD 7/12/07)
14-Aug-2007 D001 DEFAULT ENTERED BY THE CLERK
14-Aug-2007 D001 AFFIDAVIT OF NON MILITARY SERVICE
3-Aug-2007 P001 MOTION FOR DEFAULT (NOT ENTERED)
3-Aug-2007 D001 NOTICE OF SERVICE OF INTERROGATORIES TO
3-Aug-2007 D001 ALIAS SUMMONS SERVED [07/12/2007]
10-Jul-2007 D001 ALIAS SUMMONS ISSUED
10-Jul-2007 P001 NOTICE OF SOCIAL SECURITY
25-Jun-2007 D001 NOTICE CHANGE OF ADDRESS
22-Jun-2007 SUMMONS UNSERVED
24-May-2007 P001 COPY OF 2006 INCOME TAX RETURN
24-May-2007 P001 CERTIFICATE OF COMPLIANCE
1-May-2007 D001 SUMMONS ISSUED RE: PETITION TO AMEND/MODIFY FINAL JUDGMENT
19-Apr-2007 P001 RECEIPT RE: RE-OPEN FEE
19-Apr-2007 P001 SUPPORT GUIDELINE WORKSHEET
19-Apr-2007 P001 FINANCIAL AFFIDAVIT
19-Apr-2007 P001 PETITION FOR MODIFICATION OF CHILD SUPPORT
6-Mar-2007 REFERRAL MAGISTRATE (NOT STATED): [DATE/TIME NOT STATED]
22-Feb-2007 P001 MOTION FOR CONTEMPT FOR CHILD SUPPORT
22-Feb-2007 REOPENED CASES OTHER

 

[Gracie3787]

Answered in your other thread.

 

[syskjw]

Went to court today and got lectured because a wrong hearing was set. The Judge 1st lectured the mother because default was entered on Aug 12 and she filled her answer on Sept. 6. and the the clerk of courts should not have accepted it but the did. Now the judge says I have to go to pre trial, mediation then final. It was 5 when we got out so I could not go file for pretrial. Called today domestic relations today to get the number to call and set up a pre-trial but they said there was a form I needed to fill out and file with the courts for a pretrial request but the person could not tell me what form other than a hearing form requesting a trial. The only form that I have seen for hearing are the ones that you fill out after you have called and set up one. And I told them I never recieved copies of the papers that where filled other than the answer to the petition. I asked if I could get copies or review them online there at the courts. She said you can only get copies of them after a judge enters a verdict for a $1.00 and the only thing you will see online is the title what that is pasted above. The web adress she told me to go to is www.ninja9.org. Can anyone give me any input or point me into the correct direction.

 

[Gracie3787]

Went to court today and got lectured because a wrong hearing was set. The Judge 1st lectured the mother because default was entered on Aug 12 and she filled her answer on Sept. 6. and the the clerk of courts should not have accepted it but the did. Now the judge says I have to go to pre trial, mediation then final. It was 5 when we got out so I could not go file for pretrial. Called today domestic relations today to get the number to call and set up a pre-trial but they said there was a form I needed to fill out and file with the courts for a pretrial request but the person could not tell me what form other than a hearing form requesting a trial. The only form that I have seen for hearing are the ones that you fill out after you have called and set up one. And I told them I never recieved copies of the papers that where filled other than the answer to the petition. I asked if I could get copies or review them online there at the courts. She said you can only get copies of them after a judge enters a verdict for a $1.00 and the only thing you will see online is the title what that is pasted above. The web adress she told me to go to is www.ninja9.org. Can anyone give me any input or point me into the correct direction.

Oh, brother, not again. You are in Orange County, aren't you? The reason I say oh brother is that 6 years ago I had a not so nice run in with the Orange County court clerk's office about viewing a file. (they wouldn't allow my husband to view his file, citing the same thing they're telling you. well, I almost got thrown out of the courthouse when I CALMLY explained to the clerk that anyone has the right to view the file. But, she did finally relent and let him see part of it).
The clerk is WRONG, anyone, even a perfect stranger, has the legal right to walk into the courthouse and view any civil file they want. You, as a party in the case, have even more right. And that right is NOT contingent on waiting for a case to be decided or closed.

The clerk was right about one thing though, you cannot view the actual contents on line, only the docket. To view the contents you have to go into the clerk's office. Print out the info from that site, the one about how the file IS public record and take it with you. If they still refuse to allow you to view the file, or to give you copies (at $1 a piece) you can follow the directions listed to enforce your right to have access to the file.

To go straight to the rule go to: www.ninja9.org/courtadmin/publicinformation/Rule2051.htm

 

[syskjw]

Thanks I'll try that. But the one issue I am stuck on is that I followed the procedures of filling. It states that after a deafualt is entered you set a final hearing which I did. But when we appeared the judge told me I broke the rules. I'm suppose to set a pre-trial then mediation then final hearing. And I can not find anyforms to set or request a pre-trail. The told me it was at ninja9.org but the only form I could find is for mediation.

 

[Gracie3787]

Thanks I'll try that. But the one issue I am stuck on is that I followed the procedures of filling. It states that after a deafualt is entered you set a final hearing which I did. But when we appeared the judge told me I broke the rules. I'm suppose to set a pre-trial then mediation then final hearing. And I can not find anyforms to set or request a pre-trail. The told me it was at ninja9.org but the only form I could find is for mediation.

I don't understand why they are insisting that you set a pre-trial. Since there is a default entered you shouldn't need a pre-trial, you should be able to set a final hearing and a mediation before the final. I don't think that there is a specific form for a pre-trial, you might have to make one yourself. Look at some of the forms at www.flcourts.org to get an idea of how the wording should be done and try that.