Can I file a motion to vacate a judgement and have the motion ruled on without appearing in court?
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Can I file a motion to vacate a judgement and have the motion ruled on without appearing in court?
I was divorced 7 years ago. My ex has filed numerous motions that took us back to court following the final ruling. Then 5 years ago the judge told him to stop and verbally reprimanded him for filing motions without proper certificate of service. When that ruling did not go in his favor, he began filing motions in other courts. I have had default judgements against me because I was never notified to appear. I cannot afford to travel to fight this. Is there a way I can file a motion and have it ruled on without appearing in person?
Asked on January 19, 2012 under Family Law, Kansas
Answers:
Hong Shen / Roberts Law Group
Answered 12 years ago | Contributor
You need to consult an attorney in person. There is little information to say one way or the other. For example, why he filed motion in another court? What was it all about? If it was related to divorce or custody then the original court always has jurisdiction. You may find an attorney to represent you in another court if you cannot appear yourself.
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