QUESTION
How do I do rebuttal or recall a case I missed?
Asked on Sep 22nd, 2012 on Child Custody - Colorado
More details to this question:
I filed a contempt, the court appointed her a lawyer, he filed a suspend of visitation ad more allegations, I then miss the case call, it was the third time I court on that week. I was very prepared, how can I get it call as soon as possible?
6 ANSWERS
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If the case was before a magistrate, you have 14 days from the date of decision to file objections. If you explain your absence, the judge may give you another hearing. If it was before a judge, you have to go to the Court of Appeals, which is a more difficult process. You can also file your motion again.
Answered on Sep 27th, 2012 at 11:35 PM
Estate Planning Attorney serving Las Vegas, NV
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Law Offices of Pamela R. Lawson
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The answer is dependent upon two main things: (1) How long ago was the hearing; and (2) what was the reason you missed the hearing. If a Notice of Entry has not been filed regarding the outcome of the hearing, you have a good chance of getting a re-hearing. The EDCR local rules permit a petition for reconsideration to be filed within ten days of the entry of order.
Answered on Sep 25th, 2012 at 5:54 PM
Michael Paul Vollandt
Usually contempt;t charges are considered to be misdemeanor type cases. If you do not show up and the defense lawyer asks to have the contempt citation dismissed and it is dismissed then the case is over. You can not refile the same contempt conduct. New conduct, then new contempt.
Answered on Sep 25th, 2012 at 5:54 PM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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I need more facts.
Answered on Sep 25th, 2012 at 5:54 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You will have to refile, it sounds like you need a lawyer.
Answered on Sep 25th, 2012 at 5:54 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You have to ask the court what actually happened on the day you missed. It is quite possible that the judge dismissed the contempt so that you will have to start all over again unless you can convince the judge that your failure to show up was totally unavoidable.
Answered on Sep 25th, 2012 at 5:53 PM