Judges Discretion On Fees

Summary

Judges in Tennessee have discretion in procedural matters, including addressing unpaid fees. Unpaid fees can impact proceedings, but significant allegations like abuse may allow exceptions. Consider filing a motion to waive fees due to the serious nature of the allegations.

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Can a judge in Tennessee refuse to hear a motion to modify father’s co-parenting time because of an unpaid county clerk free? In October of *, the trial court entered a final order and parenting plan. I appealed that order. A year later the court of appeals stated the parenting plan was not a final order due to no child support work sheet attached to the final order. That the issue of child support was never adjudicated. I promptly filed a motion to modify stating material changes in circumstances including allegation of abuse, and dependency and neglect. Opposing council asked for time to respond. At the initial hearing as I filed a motion with memorandum of points and authorities. They were given two months and never responded. At the later hearing the judge refused to hear my motion because I owe the county clerk $* for preparation of the record on appeal. I wasn’t even aware that was a charge until I received a bill 6 months after my appeal was filed.
Hi ****!
Judges have considerable discretion, and unpaid court fees can sometimes impact your ability to proceed. However, given the serious nature of your allegations (abuse, dependency, neglect), you might consider seeking legal counsel to explore options for addressing the unpaid fee and ensuring your motion is heard.
Would you like information on legal aid organizations in Tennessee that might assist with your situation?
I am a lawyer
Hi ****! Since you are a lawyer, you likely know that unpaid fees can sometimes be a barrier. However, given the gravity of the allegations, it might be worth considering a motion to waive the fee or requesting a hearing on the urgency of the situation.
Would you like any specific citations or case law that could support your position in Tennessee?
I don’t want the client to pay me he fees. I can’t find any law giving this judge such authority. Nor case law. I want the judge to forget about these fees and move foward
Hi ****! Here are a few general points that might help:
- Judges generally have discretion in procedural matters, including addressing unpaid fees.
- Tennessee courts may consider unpaid fees as a barrier to proceeding, but urgency and significant allegations can sometimes allow exceptions.
- File a motion to waive the fee due to the serious nature of the allegations.
Would you like specific citations or further assistance?