What to do if the court ordered my ex’s lawyer to “reduce the report to written order and submit to other side and court within 14 days”?

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What to do if the court ordered my ex’s lawyer to “reduce the report to written order and submit to other side and court within 14 days”?

It has been 17 days and I have yet to recieve anything. What can I do?

Asked on September 28, 2012 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It sounds like the attorney for your ex is playing games with you and the court.  Give the attorney until day 21 before you do anything.  Texas has a "mailbox" rule which essentially gives attorneys a couple of days grace for things to get through the mail-- thus the "mailbox" rule.  After 21 days, if he still has not submitted the order, then it's more clear that he's ignoring the courts order.  Your rememdy is to either file a motion to compel the attorney to prepare the order or to have the order prepared by your attorney, and then seek attorney's fees because you had to hire an attorney to help finish what he would not complete.


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