What can be done if there is an objection to a referral to magistrate that the judge set? 10 Answers as of November 25, 2012Divorce going on for two years and on November 6, 2012, I received a referral to a magistrate from the assigned Judge, they gave us ten days to object to the magistrate. My husband is the one that keep on prolonging the process he will not let go. He has an attorney me on the other hand I’m as pro se. well he went and did the objection himself without his attorney knowing! My question here is, is it ok to put in motion without your attorney knowing? Or will the judge grant that?
Law Office of Barton R. Resnicoff | Barton R. Resnicoff
While technically a party acts through counsel when represented by an attorney, no judge will interfere with a party's desires and his attorney may confirm his/her client's position. However, if there was a referral and no consent, the magistrate will try the case, issue a report, subject to the IAS judge approving it, which is normally a pro forma step in the process. In other words, he may be only prolonging the process and making it more expensive; however, by not having an attorney, it will be more difficult to get to the end.
Answer Applies to: New York
Lombardi Law LLC | SUZANNE LOMBARDI
In Alaska if someone is represented by an attorney then they cannot file motions on their own. The court will most probably send it back to him. If they do not make sure the court knows that he has filed this while represented by an attorney. It may help you to obtain the services of an attorney to stop this divorce from continuing to drag on.
Answer Applies to: Alaska
Cherry mediation Center | James J. Cherry
I have no way of guessing what the court might do. All courts in California are under considerable financial stress and look for ways to defer to other venues to work matters out. I recommend asking the court to refer you to mediation and then see if a resolution can be worked out with the help of a trained mediator.
Answer Applies to: California
John E. Kirchner, Attorney at Law | John Kirchner
What your husband did is strictly a matter between him and his attorney. Since you don't give enough information to understand exactly what the judge did, or why, it isn't possible to predict what the judge will do.
Answer Applies to: Colorado
Law Office of Eric S. Lumberg | Eric S. Lumberg
It sounds like your Husband is doing things without his attorney knowing and cause additional delays that are not proper. You should be represented by an attorney as well to make sure this case moves along to resolution and can avoid any needless delays.
Answer Applies to: Michigan