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One week till hearing other side not doing things

(6 Posts)
smiler01 Thu 29-Nov-12 12:39:52


I feel like a broken record at the moment but I could really do with some advice as my partner is representing himself so don't really have anyone to ask.

Throughout whole process his ex in some way has not complied with every interim order, filing 1st statement late by 8 weeks, not handing children over not turning up to classes ordered by court etc. Every time we have contacted court, returned back to court judge not happy but same thing happens again, the last time just transferred to mag court and ordered a final hearing.

They were meant to file another statement on Friday but so far haven't done so.
They are also meant to be arranging the bundles and so far haven't been in touch with us to agree te index, despite us chasing this up.

The hearing is listed for next Thursday and obviously we need the statement to prepare for the hearing and need to ensure certain things are included in the bundles for the hearing.
We have contacted the court again to tell them the situation and have chased the other side but we are getting no response and were not sure if there is anything more we can do?
I can see we will get the statement the day before court (this happened last time) and the thing we need included in the bundle not being listed.

Does anyone have any suggestions on what we should do??

Thanks in advance

Collaborate Thu 29-Nov-12 12:51:21

A litigant in person should not be doing the bundles. The represented respondent should be responsible. What does the order say about this?

Phone the court clerk (after 4pm when they are finished in court) and ask them to list it for a hearing tomorrow.

smiler01 Thu 29-Nov-12 13:04:32

Yeah the order does stare they are to prepare the bundles but I was under the impression they should contact us with the index to agree, there is something relevant to the case that we think should be included which was evidence submitted to court and given to other side, although not requested by court it was sent in due to false information in their statement so relevant in our minds to the hearing and would want it included.

Would they be able to do a hearing that quickly? The final hearing is listed for half a day.

Thank you smile

Collaborate Thu 29-Nov-12 13:17:55

You can only ask about getting it in that soon. If the final hearing is very close they'll have to shoehorn it in. The clerk may offer to ring the other side's solicitors and force it that way.

Mention about the index to the bundle as well, though I've just done one today (other party represented) for a final hearing on Monday, so they're not always done by the usual time limit.

smiler01 Thu 29-Nov-12 13:45:20

Thank you very much for your help. It really is so appreciated

MOSagain Thu 29-Nov-12 13:48:47

<pats collaborate on the back> Have a wine

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