Summary
Opposing counsel may request an urgent hearing to counter your claims or present their evidence. In georgia, the opposing party generally has 30 days to respond to a counter motion. Judges typically wait for all responses before scheduling a hearing. As a pro se party, you can respond to the judges office regarding the hearing request and attach relevant evidence. Consider documenting everything, following court orders, seeking support, and filing for protective orders if necessary. Consult local legal aid services for further assistance.Full Conversation
Hi, I filed a response just a few days ago to a custody motion response by the opposing party and counterclaim for sole custody and a bill peace. In my response, I also filed a counter. I presented the court with strong historical evidence of abusive and criminal behaviors and current acts of harm that have been verified and redirected to family court by the TPO court and police. Now the opposing counsel is urging the Judge by email to have a hearing on the matter.
Hey ****! It sounds like you have a complex custody case on your hands. Just to clarify, are you looking for advice on how to proceed with the upcoming hearing or need guidance on what to prepare for?
I am first wondering what it might mean if the opposing counsel is urgently seeking a hearing
Hey ****! It generally means the opposing counsel wants the court to address the matter quickly, possibly to counter your claims or present their own evidence. Have you received any official notice from the court about the hearing date?
None yet. My responses were sent over the past weekend and the judge might not have had time to read them. Is there a chance opposing counsel doesn’t want the judge to have time to read the motions or wants to make sure the judge doesn’t rule without a hearing
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Hey ****! In cases like yours, it's common for opposing counsel to push for a hearing to ensure their side is heard and to counter any claims made in your response. Judges typically review all motions and responses before ruling.
Would you like some guidance on how to prepare for the possible hearing?
Could the opposing counsel be concerned that a ruling may occur without a hearing based on my my response and attached evidence
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Hey ****! Yes, it's possible the opposing counsel is concerned that the judge might rule in your favor without a hearing based on the strength of your response and evidence. By requesting a hearing, they ensure that their arguments are also considered. Would you like some tips on how to prepare for the hearing?
Should I also respond to their request for a hearing
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Hey ****! It's generally a good idea to respond to the opposing counsel's request for a hearing. You can either agree to the hearing or present your reasons if you believe a hearing isn't necessary. This shows the court that you're actively engaged in the process.
Would you like to know how to craft an effective response to their request?
Yes
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Hey ****! To craft an effective response to their request for a hearing, you should:
- Acknowledge the request.
- State your position clearly (agree or disagree).
- Provide reasons for your stance.
- Reference any supporting evidence.
Would you like more detailed guidance on each of these points?
ciuld you provide a drafted response
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Hey ****! Here's a drafted response to the opposing counsel's request for a hearing:
Drafted Response:
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
[Judge’s Name]
[Family Court Name]
[Address]
[City, State, Zip Code]
Re: [Case Number], [Your Name] vs. [Opposing Party’s Name]
Dear Judge [Judge’s Last Name],
I am writing in response to the opposing counsel's request for an expedited hearing regarding the custody motion and counterclaim I filed.
*. Acknowledgment:
I acknowledge the opposing counsel’s request for a hearing on the matter.
*. Position:
I agree to a hearing on this matter.
*. Reasons:
- I believe that a hearing will provide an opportunity for both parties to present their evidence and arguments more comprehensively.
- My response includes significant historical evidence of the opposing party’s abusive and criminal behavior, which should be discussed in detail in the presence of the court.
*. Supporting Evidence:
Attached are the verified documents and reports referred to in my response, which were redirected to family court by the TPO court and police.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
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Would you like any additional information or clarification on this draft, ****?
There is a motion that I referred to in one of my responses that was properly addressed by the lower court and that possibly prejudiced the prior outcome against me in the lower court. Am I able to attach that motion to my response email
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Hey ****! Yes, you can attach the motion that you referred to in one of your responses to your email. Make sure to clearly reference it in your response, explaining its relevance and how it might have impacted the prior outcome. This will help the judge understand the context better.
Would you like more guidance on preparing your attachments or any other aspect of your response?
Yes
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Hey ****! When preparing attachments, ensure that:
- Each document is clearly labeled.
- You reference each attachment in your response.
- Attachments are relevant and support your claims.
Would you like further guidance on organizing your evidence or any other part of your response?
So you are saying it’s ok for myself as a pro se party to respond to an email to Judged office regarding a hearing request by the opposing counsel and attach additional evidence (motions) prom the past lower courts
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Yes, as a pro se party, you can respond to the judge's office regarding the hearing request. Ensure your email is clear, references the attached evidence, and explains its relevance. Be sure to follow court rules for submitting documents.
Would you like specific tips on organizing your email and attachments?
Yes please
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Hey ****! Here are some tips for organizing your email and attachments:
- Subject Line: Clearly state the purpose (e.g., "Response to Hearing Request – [Case Number]").
- Body:
- Acknowledge the hearing request.
- State your position and reference your attachments.
- Explain the relevance of each attachment.
Would you like more specific help with labeling and referencing your attachments?
can you please provide a total drafted repose that includes attaching a prior motion
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Sure, ****! Here’s a drafted response including the attachment of a prior motion:
---
Subject Line: Response to Hearing Request – [Case Number]
Body:
Dear Judge [Judge’s Last Name],
I am writing in response to the opposing counsel's request for an expedited hearing regarding the custody motion and counterclaim I filed.
*. Acknowledgment:
I acknowledge the opposing counsel’s request for a hearing on the matter.
*. Position:
I agree to a hearing on this matter.
*. Reasons:
- A hearing will provide an opportunity for both parties to present their evidence and arguments comprehensively.
- My response includes significant historical evidence of the opposing party’s abusive and criminal behavior, which should be discussed in detail in the presence of the court.
*. Supporting Evidence:
- Attached are the verified documents and reports referred to in my response, which were redirected to family court by the TPO court and police.
- Additionally, I have attached a prior motion that was addressed by the lower court. This motion is relevant as it possibly prejudiced the prior outcome against me. The attachment helps provide context and supports my current claims.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
---
Attachments:
*. Verified Documents and Reports
*. Prior Motion from Lower Court
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Would you like any additional help with this draft or any other concerns?
yes please. And thank you. If both parties have responded but I also just presented a counter motion, does the other party have 30 days to respond in ga to the counter motion and does that mean the judge will wait to order a hearing until a response is filed
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In Georgia, the opposing party generally has 30 days to respond to a counter motion. The judge may wait for their response before scheduling a hearing. However, it can vary based on the case specifics and the judge's discretion.
Would you like any further guidance on this process?
If it is a Gwinnett superior court custody matter will the judge wait
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Hey ****! In Gwinnett Superior Court custody matters, the judge typically waits for all responses before scheduling a hearing. However, it can depend on the urgency and specifics of the case. Would you like more advice on preparing for the hearing or other aspects of your case?
Yes
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Hey ****! To better assist you, could you tell me a bit more about what specific advice or preparation you need for your hearing? This will help me provide more tailored guidance for your case.
when does the discovery process start and can the judge be asked to wait to order a hearing until then
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Hey ****! The discovery process in Georgia typically starts after the initial pleadings are filed and the court has issued a scheduling order. You can request the judge to wait to order a hearing until the discovery process is complete, but it's up to the judge's discretion.
Would you like guidance on how to request the judge to delay the hearing until after discovery?
yes
Case Rating: *
Sure, ****! Here's how you can request the judge to delay the hearing until after discovery:
Drafted Request:
Subject Line: Request to Delay Hearing Until After Discovery – [Case Number]
Body:
Dear Judge [Judge’s Last Name],
I am writing to request that the court delay the scheduling of a hearing regarding the custody motion and counterclaim I filed until the discovery process is complete.
Reasons:
- The discovery process will allow both parties to gather and present comprehensive evidence.
- Completing discovery ensures a fair and thorough examination of all relevant facts, which is crucial for a just resolution of the custody matter.
Supporting Evidence:
- Attached are the verified documents and reports referred to in my response, which were redirected to family court by the TPO court and police.
- Additionally, I have attached a prior motion that was addressed by the lower court, which provides context and supports my current claims.
Thank you for your attention to this matter.
Sincerely,
[Your Name]
[Your Address]
[City, State, Zip Code]
[Email Address]
[Phone Number]
[Date]
---
Attachments:
*. Verified Documents and Reports
*. Prior Motion from Lower Court
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Would you like any additional help with this draft or any other concerns?
Lastly, is in my best interest to wait and see how the judges office responds before I respond to the hearing request by the opposing party in an effort to see if a ruling without hearing may be favorable
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Hey ****! It's generally a good strategy to wait and see how the judge responds before you take any further action. This way, you can tailor your approach based on the judge's decision or response.
Would you like more advice on any other aspect of your case?
You’ve been very helpful. It’s hard to be pro se when your child’s safety and parenting rights are at stake and the opposing party has been getting away with harm and redirected blame for so long. What can someone in my position do to make sure this repetive cycle does not continue against me or my child
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Hey ****! Here are a few steps you can take to help protect your child and your rights:
- Document Everything: Continue to gather and organize evidence of any harm or abusive behavior.
- Follow Court Orders: Ensure you comply with all court orders and deadlines.
- Seek Support: Consider finding a legal advisor or support group for guidance and emotional support.
- File for Protective Orders: If necessary, file for temporary protective orders (TPO) to ensure immediate safety.
- Request Supervised Visitation: If appropriate, request that the court order supervised visitation for the opposing party.
Would you like more detailed information on any of these steps?
Yes
Case Rating: *
Hey ****!
Here are some detailed steps you can take:
- Document Everything: Keep detailed records of all incidents, communications, and evidence.
- Follow Court Orders: Adhere strictly to all court orders and deadlines.
- Seek Support: Look for local legal aid services or support groups.
- File Protective Orders: File for a TPO if necessary.
- Request Supervised Visitation: If the opposing party poses a risk, request supervised visitation.
Would you like more information on any specific step?
No that’s all. Thank you you have been very helpful
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I'm glad I could assist you, ****. Best of luck with your case! If you need further help in the future, feel free to reach out. Take care!
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