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Missed Cps Hearing Appeal
Summary
If you missed a CPS termination hearing in Montana due to incorrect notice, you can file a Motion to Set Aside or a Motion for Continuance. Act quickly by contacting the court for documentation and filing the motions. You can also request to submit discovery covering the entire case. Presenting evidence like a slideshow in court is possible if its relevant. Always confirm with the court clerk or a legal advisor.Full Conversation
On February 25th *, i missed my CPS termination hearing for my almost two year old. Due to not being told a correct time. Court normally is at 1pm and it was at 9am this one time. I had no idea of the time change. So then I guess due to the outcome of court; the decision was made that he is terminated now and I no longer get to have visitation with him or my 5 month old baby. Which I have a termination hearing for my 5 month old in a week. I’m pro se. My first question is; what kind of appeal or motion do I put in for the missed termination hearing for my older son?
Hi ****! I'm sorry to hear about your situation. You might consider filing a "Motion to Set Aside" the judgment or a "Motion for Continuance" based on not receiving proper notice of the hearing time.
Which state is this taking place in? Laws can vary by state, so knowing your location will help provide more specific guidance.
Which state is this taking place in? Laws can vary by state, so knowing your location will help provide more specific guidance.
Montana
Thanks for sharing that information. In Montana, you might consider the following steps:
- Motion to Set Aside: This motion can be filed if you didn't receive proper notice. You need to show that the lack of notice prevented you from attending the hearing.
- Motion for Continuance: This can be requested if you were unable to attend due to circumstances beyond your control.
Have you received any documentation regarding the hearing outcome?
- Motion to Set Aside: This motion can be filed if you didn't receive proper notice. You need to show that the lack of notice prevented you from attending the hearing.
- Motion for Continuance: This can be requested if you were unable to attend due to circumstances beyond your control.
Have you received any documentation regarding the hearing outcome?
No
Case Rating: *
****, it's important to act quickly. Consider contacting the court directly to request any available documentation regarding the hearing outcome. This will help you in filing the appropriate motion. Would you like assistance in finding a local attorney who specializes in family law?
****, it's important to act quickly. Consider contacting the court directly to request any available documentation regarding the hearing outcome. This will help you in filing the appropriate motion. Would you like assistance in finding a local attorney who specializes in family law?
No
Case Rating: *
****, in your situation, it's crucial to act promptly. Here are the immediate steps you can take:
- Contact the court to request documentation regarding the hearing outcome.
- File a "Motion to Set Aside" and a "Motion for Continuance" as soon as possible.
Would you like more detailed guidance on how to file these motions?
****, in your situation, it's crucial to act promptly. Here are the immediate steps you can take:
- Contact the court to request documentation regarding the hearing outcome.
- File a "Motion to Set Aside" and a "Motion for Continuance" as soon as possible.
Would you like more detailed guidance on how to file these motions?
Since Cps? has turned in multiple discoveries that have a lot of untrue statements in them, and I never have had a chance to turn in a discovery can I do so now and can it cover all of everything since the beginning or only since the last court date?
Case Rating: *
You can request the court to allow you to submit your discovery.
- In your motion, explain that you have not had the opportunity to turn in your discovery.
- You can request that your discovery covers everything since the beginning of the case.
Would you like more detailed guidance on how to file these motions?
You can request the court to allow you to submit your discovery.
- In your motion, explain that you have not had the opportunity to turn in your discovery.
- You can request that your discovery covers everything since the beginning of the case.
Would you like more detailed guidance on how to file these motions?
Yes
Case Rating: *
****, here’s a quick guide on filing the motions:
*. Motion to Set Aside:
- State that you did not receive proper notice of the hearing time.
- Explain how the lack of notice prevented you from attending.
*. Motion for Continuance:
- Explain the circumstances that were beyond your control (e.g., not being informed of the time change).
*. Submitting Discovery:
- In your motion, request permission to submit your discovery.
- Explain why you haven’t had the opportunity to do so and request the court to consider everything since the beginning of the case.
Would you like specific templates or examples for these motions?
****, here’s a quick guide on filing the motions:
*. Motion to Set Aside:
- State that you did not receive proper notice of the hearing time.
- Explain how the lack of notice prevented you from attending.
*. Motion for Continuance:
- Explain the circumstances that were beyond your control (e.g., not being informed of the time change).
*. Submitting Discovery:
- In your motion, request permission to submit your discovery.
- Explain why you haven’t had the opportunity to do so and request the court to consider everything since the beginning of the case.
Would you like specific templates or examples for these motions?
Yes
Case Rating: *
****, it looks like this might be a high-value case where connecting with a local lawyer could be very beneficial. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
****, it looks like this might be a high-value case where connecting with a local lawyer could be very beneficial. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
Can I enter in a slide show that has pictures and short videos on it for the court to play during my younger sons termination hearing that shows the bond we have with them and since each of them was born?
Case Rating: *
It's generally possible to present evidence like a slideshow with pictures and videos in court. Make sure it's relevant to the case and shows the bond with your children. Always check with the court clerk or a legal advisor to confirm.
Would you like more specific advice on how to prepare and submit this evidence?
It's generally possible to present evidence like a slideshow with pictures and videos in court. Make sure it's relevant to the case and shows the bond with your children. Always check with the court clerk or a legal advisor to confirm.
Would you like more specific advice on how to prepare and submit this evidence?
Yes
Case Rating: *
****, it looks like this might be a high-value case where connecting with a local lawyer could be very beneficial. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
****, it looks like this might be a high-value case where connecting with a local lawyer could be very beneficial. Would you like to be connected to local lawyers who can better assist you with your case?
Can you give me a bit more information about the issue?
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