I was perplexed in the courtroom that day, now approaching three weeks ago.
Conflicted Counsel told the Court that I had provided no documents from which he could determine my income. "Funny," I thought, "I'm certain my attorney's paralegal forwarded me copies of the documents she filed with the Clerk three days prior to the pendente lite hearing." In her email it also indicated Conflicted Counsel had been copied... so why was he saying there were no submissions and why did the Court not correct his statements?
Well, today, while I am out of town on business and cannot actually DO anything on my own case, I thought, "at least I can perform a little research." I decided to look my case up on-line and I discovered a little something. My case is there and I can see the hearings that have taken place and the different documents that have been filed and placed in my file. Now I cannot see the details of them, just the type of document, etc.
It was with little surprise that I discovered there were documents missing from my file, or at least from the on-line documentation thereof. While it shows the Conflicted Counsel filed MY income sheet two days prior to the pendente lite hearing, it shows no evidence of my proffers and income/budget sheet having been filed...then or ever.
And I have to wonder why?
When I return to the quaint little town with the seriously oversized court house next week, I intend on going in to visit the Clerk of the Court and getting some answers. If those papers are not in my file, there is someone who will be explaining a little something to little old me!
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Well, I guess you will have to just start really keeping a close eye on them.... probably they have your papers in someone else's file?
ReplyDeleteI know, exactly what I thought. When I got to the clerk's office to review my file, the papers were in the file.... When I asked the clerk why they are not showing up on-line as being in the file, she told me they only were able to put filings of any type that they can reference with a code for the online version... I have no idea what that means, unless the "code" is, if it comes from Defendant's attorney, document it, otherwise, if it comes from the Judge, document it, and otherwise....well, get to it when and if it pleases you... nevertheless, the Court had at its disposal the necessary information to make an informed Pendente Lite order... they used their "discretion" to avoid dealing with the facts.
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