Proper Procedure?

[angeleyzad]

What is the name of your state? ME

I got a letter in the mail yesterday, well, actually a package, by the thickness of it. It was a copy of a letter to the court from my EX's lawyer, filing contempt on me for going against our court order, even though I was adhering to it. There was a contempt motion, proposed scheduling order for hearing on motion of contempt, proposed subpoena for hearing on motion for contempt, and confidential summary sheet. There are no dates from the court or anything. (it appears that this is the first paperwork to the courts, to get the ball rolling, and he copied me on it). I didn't received this paperwork in this early stage the last time he tried to file contempt on me, and I never sent copies when I filed for contempt on him. The only thing I had send and that I had received was the final scheduling order and subpoena, along with the motion.

My question is, should I send a response to this paperwork now, or wait until I am properly served with the scheduling order, subpoena, and contempt order?

This is in regards to the new schedule that we have, where our weekends are adjusted (swapped) throughout the year. I am trying to keep the schedule in order (and in doing so, sent him a yearly calendar with his weekends and vacation times blocked off, for this year and next) so that the weekends get swapped when they are supposed to, so that now the kids get to spend time with my extended family; he wanted to keep the kids on his extended family's schedule, which he had from Christmas through his Feb. vacation. The order was to adjust the weekend schedule, he is not liking it and the provisions that the judge put in surrounding it.

I do have 2 separate e-mails from him where he talks about when we have to adjust our schedule, so I'm thinking with those, it basically throws out his idea (and consequently his contempt motion) that the schedule should have stayed the same.

 

[LdiJ]

What is the name of your state? ME

I got a letter in the mail yesterday, well, actually a package, by the thickness of it. It was a copy of a letter to the court from my EX's lawyer, filing contempt on me for going against our court order, even though I was adhering to it. There was a contempt motion, proposed scheduling order for hearing on motion of contempt, proposed subpoena for hearing on motion for contempt, and confidential summary sheet. There are no dates from the court or anything. (it appears that this is the first paperwork to the courts, to get the ball rolling, and he copied me on it). I didn't received this paperwork in this early stage the last time he tried to file contempt on me, and I never sent copies when I filed for contempt on him. The only thing I had send and that I had received was the final scheduling order and subpoena, along with the motion.

My question is, should I send a response to this paperwork now, or wait until I am properly served with the scheduling order, subpoena, and contempt order?

This is in regards to the new schedule that we have, where our weekends are adjusted (swapped) throughout the year. I am trying to keep the schedule in order (and in doing so, sent him a yearly calendar with his weekends and vacation times blocked off, for this year and next) so that the weekends get swapped when they are supposed to, so that now the kids get to spend time with my extended family; he wanted to keep the kids on his extended family's schedule, which he had from Christmas through his Feb. vacation. The order was to adjust the weekend schedule, he is not liking it and the provisions that the judge put in surrounding it.

I do have 2 separate e-mails from him where he talks about when we have to adjust our schedule, so I'm thinking with those, it basically throws out his idea (and consequently his contempt motion) that the schedule should have stayed the same.

I would respond to it now. I would not wait. Do the same thing that the lawyer did, copy the lawyer on your response, after you file it and get it stamped. I would recommend that you include a copy of your calendar with the response. If the attorney actually looks at the calendar, that may diffuse the contempt motion.

 

[angeleyzad]

I would respond to it now. I would not wait. Do the same thing that the lawyer did, copy the lawyer on your response, after you file it and get it stamped. I would recommend that you include a copy of your calendar with the response. If the attorney actually looks at the calendar, that may diffuse the contempt motion.

He attached a copy of the calendar with his contempt motion, plus a copy of e-mails between myself and his lawyer.

So I should respond even though I haven't been properly served, and the paperwork hasn't made it through the courts system yet? They have not put a date on it for a hearing yet, it usually takes about 2 weeks for the paperwork to come back with a date on it. That is usually what is "served", which I do not yet have.

I guess with my answer, I will also attach copies of the e-mails from my EX asking when we were going to swap weekends, and how we should swap them outside of the order so that they work for him.

Should I go into depth in my answer, or just use the standard "agree or deny" the allegations? If I was to add the e-mails in with my answer, I would have to explain them, so I would think that my answer would be more of a "why", not just yes or no.

Or, should I keep those items for my evidence in court?

edit to add:

Also, why would I file my answer, then copy him on it? Wouldn't I just send a copy to him the same time I send my answer to the court? I've never had to file an answer before copying him before. The only time I've had to file first was when I filed contempt on him, I had to get the dates and everything from the courthouse before I had him served...no copy went to him first. What I'm thinking is that his lawyer messed up by sending a copy of this initial paperwork to me - it should have gone just to the courts, as he had done last time, then properly serve me the paperwork once the courts get it back to him with a date.

 

[casa]

He attached a copy of the calendar with his contempt motion, plus a copy of e-mails between myself and his lawyer.

So I should respond even though I haven't been properly served, and the paperwork hasn't made it through the courts system yet? They have not put a date on it for a hearing yet, it usually takes about 2 weeks for the paperwork to come back with a date on it. That is usually what is "served", which I do not yet have.

I guess with my answer, I will also attach copies of the e-mails from my EX asking when we were going to swap weekends, and how we should swap them outside of the order so that they work for him.

Should I go into depth in my answer, or just use the standard "agree or deny" the allegations? If I was to add the e-mails in with my answer, I would have to explain them, so I would think that my answer would be more of a "why", not just yes or no.

Or, should I keep those items for my evidence in court?

edit to add:

Also, why would I file my answer, then copy him on it? Wouldn't I just send a copy to him the same time I send my answer to the court? I've never had to file an answer before copying him before. The only time I've had to file first was when I filed contempt on him, I had to get the dates and everything from the courthouse before I had him served...no copy went to him first. What I'm thinking is that his lawyer messed up by sending a copy of this initial paperwork to me - it should have gone just to the courts, as he had done last time, then properly serve me the paperwork once the courts get it back to him with a date.

You need to look up ME 'Rules of Proper Service' to determine how to properly file and serve the paperwork.

Definately include e-mail correspondence which demonstrates the swap being implimented. Also a copy of that calendar which you provided to him as well (Showing you were making the schedule clear for both of you)

I would say keep your answers succint. Brief & to the point.

 

[angeleyzad]

You need to look up ME 'Rules of Proper Service' to determine how to properly file and serve the paperwork.

Definately include e-mail correspondence which demonstrates the swap being implimented. Also a copy of that calendar which you provided to him as well (Showing you were making the schedule clear for both of you)

I would say keep your answers succint. Brief & to the point.

Well, I just looked at the rules again, and if I was actually served by this paperwork through first class mail, it should have included an acknowledgement form, plus a postage paid envelope to send the acknowledgement back to his lawyer. There were neither in the package I got. So, I assume that I was not yet properly served. It seems that I should be getting "served" whether by a sheriff/process server, or by Certified RRR mail...which should happen only after his lawyer gets the paperwork with a date back from the courts?

 

[casa]

Well, I just looked at the rules again, and if I was actually served by this paperwork through first class mail, it should have included an acknowledgement form, plus a postage paid envelope to send the acknowledgement back to his lawyer. There were neither in the package I got. So, I assume that I was not yet properly served. It seems that I should be getting "served" whether by a sheriff/process server, or by Certified RRR mail...which should happen only after his lawyer gets the paperwork with a date back from the courts?

No, the form is signed by whomever served you and they file it in the courts afterwards...as their 'proof of service'. I don't know if they've followed proper service or not in your case (not as familiar with your state's laws), However, at this point- You have the paperwork & would be wise to begin your response(s) to it.

 

[angeleyzad]

No, the form is signed by whomever served you and they file it in the courts afterwards...as their 'proof of service'. I don't know if they've followed proper service or not in your case (not as familiar with your state's laws), However, at this point- You have the paperwork & would be wise to begin your response(s) to it.

Right, if I was served by a sheriff or process server, they would sign the form and send it back. If I was served by mail, CRRR, then I would have to sign the voluntary acknowledgement form and send it back. From what I can tell, as I was not "served" by someone, and there was no acknowledgement form for me to sign, the order has not even gone through the first steps in court yet, for a trial date.

I have started my response to it, and I will take into concideration adding my evidence in to my response. I will post that in a bit to get any possible input on it.

 

[fairisfair]

I would respond to it now. I would not wait. Do the same thing that the lawyer did, copy the lawyer on your response, after you file it and get it stamped. I would recommend that you include a copy of your calendar with the response. If the attorney actually looks at the calendar, that may diffuse the contempt motion.

Just curious, how would she file a response to a case that has not yet been filed in court?

She will need to reference the case number to which she is responding on every document and if it hasn't been filed yet, then there is no case.??????

 

[casa]

Just curious, how would she file a response to a case that has not yet been filed in court?

She will need to reference the case number to which she is responding on every document and if it hasn't been filed yet, then there is no case.??????

I think she means to copy her responsive documents to the attorney...then go to court to check if it's been filed & file her response(s). (and that the attorney might see by the calendar that there is NO Contempt- and possibly drop it)

 

[angeleyzad]

Just curious, how would she file a response to a case that has not yet been filed in court?

She will need to reference the case number to which she is responding on every document and if it hasn't been filed yet, then there is no case.??????

Where it's a filing for a contempt charge, it follows the original case number. I have all that infomation. The only thing that I do not have is the paperwork that gives the court date and time, and the acknowledgement form. Those are what are usually served from the sheriff or process server, who would then sign the ack. form themselves and send it back, or I would be served by CRRR mail, and I would sign the form and send it back. I have not received any of that pertinent info. (no idea when the case would be heard. It usually takes at least 2 weeks to get the info from the courts to be able to serve the party).

 

[casa]

Where it's a filing for a contempt charge, it follows the original case number. I have all that infomation. The only thing that I do not have is the paperwork that gives the court date and time, and the acknowledgement form. Those are what are usually served from the sheriff or process server, who would then sign the ack. form themselves and send it back, or I would be served by CRRR mail, and I would sign the form and send it back. I have not received any of that pertinent info. (no idea when the case would be heard. It usually takes at least 2 weeks to get the info from the courts to be able to serve the party).

could be a service trick too...another reason to respond as directed.

 

[angeleyzad]

I think she means to copy her responsive documents to the attorney...then go to court to check if it's been filed & file her response(s). (and that the attorney might see by the calendar that there is NO Contempt- and possibly drop it)

The attourney has seen the calendar, and is still pushing it. He doesn't really care, it's all $$$$ to him. His attourney used the e-mail and the calendar in his proposed order for contempt saying

The Plaintiff has deliberately refused to comply with the readjustment provision, as shown by the position she has taken in the e-mails with the Defendant and the undersigned attached hereto as Exhibit A. Instead, she has interpreted this provision in a self-serving way, contraty to the plain meaning of the Order, so as to avoid adhering to the readjusted schedule contemplated by the Order and, as a result, has denied the Defendant his full parent-child contact rights.

I have not denied him his time - I explained to him (and subsequently sent him a calendar for this year and next) that where we have to swap weekends, he will no longer have the kids the same weekend as his step-daughter (which we swap again after Summer, and he will have them all on the same weekend schedule from then until Christmas), and in order for that to happen, the kids ended up being with me for 2 weekends in a row. One of the e-mails I have from him states that the only way the weekend schedule swap would work for him is if he ends up with 2 weekends in a row. (right there, he's agreeing that we have to swap weekends)

 

[angeleyzad]

could be a service trick too...another reason to respond as directed.

good thought...I guess I'll have to keep calling the courts to see when the date is, in case I don't get anything else from him.

 

[fairisfair]

I think she means to copy her responsive documents to the attorney...then go to court to check if it's been filed & file her response(s). (and that the attorney might see by the calendar that there is NO Contempt- and possibly drop it)

Ah, I see. . . . .

 

[angeleyzad]

possible response - cut and dry?

okay, I can respond as we have in previous contempt hearings...with no supporting info anywhere, and submit it in court.

The Plaintiff, XXXXXXX, respectfully submits to this honorable Court, this response to the Defendant’s Motion for Issuance of Contempt, dated March 9, 2007:
1. The Plaintiff AGREES with Paragraph 1.
2. The Plaintiff DENIES Paragraph 2.
3. The Plaintiff DENIES Paragraph 3.

Wherefore, the Plaintiff asks this court to deny the Defendant’s Motion for Issuance of Contempt, and for such further relief as the court seems just.

Or I could add info to it, I will do a copy of that in a minute.