I am unexpectedly representing myself against a real estate probate matter for which I previously was represented by an attorney. Prior to, ...

Question

I am unexpectedly representing myself against a real estate probate matter for which I previously was represented by an attorney. Prior to, the matter was scheduled to begin trial proceeding on Sept 19th 2014. Today I received a call from opposing attorney informing me that a ex parte motion to have the rental income on the property which had not been an issue since onset of suit on May 2011, set aside in trust until conclusion of this matter. I object to the expediency of this, especially since i am in the process of looking for an attorney that can hopefully provide pro bono assistance. I depend on the rental income as my social security is limited and I am without legal representation. What can I expect to happen at this ex parte motion date and how can I object or prevent its inception. Please answer ASAP. Thank you

Answer

Ex parte matters are unusual in how they are handled. In many courts, the judge does not even take the bench. The court clerk takes the ex parte papers back to the judge in chambers, and relays comments from the parties. The judge will issue a decision from chambers. You can ask to see the judge, of course, but it is rare that the judge will see you.

It would be smart to prepare a short paper saying why you oppose the ex parte. The lack of a rush is a good reason for an opposition, and to have the motion heard in the regular course of things.

You cannot prevent the ex parte hearing -- but you can oppose it as I stated above. You will also want to go to the hearing, so that the court clerk can tell the judge you are there and that you oppose. Your presence will confirm your opposition, if nothing else.

Best of luck

Answer

It would have been nice if you had posted your zip code, as attorneys in your area could volunteer to take a further look.