Legal Question in Family Law in Illinois

reaction to irrelevant/insulting information filed in a for of a reply

my husband in his response to my reply to his petition for change of venue introduced information made conclusions and judgments that not only have nothing to do with the matter-proper venue-but are insulting to me and create prejudice of teh judge towards me. what can i do or file in reaction to it? what is a proper way of handeling such situation. can i file a motion to have the information removed from file. how would i call such motion.


Asked on 10/08/08, 8:58 pm

3 Answers from Attorneys

Joseph Michelotti Michelotti & Associates, Ltd.

Re: reaction to irrelevant/insulting information filed in a for of a reply

you need a lawyer

Read more
Answered on 10/09/08, 12:25 am
Michael R. Nack Michael R. Nack, Attorney at Law

Re: reaction to irrelevant/insulting information filed in a for of a reply

You appear to be attempting to obtain legal advice from attorneys who volunteer their time on this site in order to represent yourself. An individual has the right to represent himself or herself of course, but that does not mean that a person should do so. I agree with the attorney who responded simply that "you need an attorney". Good luck.

Read more
Answered on 10/09/08, 12:33 am
Motty Stone Law Offices of Motty Stone

Re: reaction to irrelevant/insulting information filed in a for of a reply

I will add my own voice: you need a lawyer.

But, such a motion would be called a motion to strike. You probably should not file a motion to strike here; the judge knows when something is irrelevant and will not waste his time reading it. Do not worry about the judge being prejudiced, he will have already read the material anyway and all a motion to strike would do is make him spend time on the insulting comments you want him to ignore.

The best thing you can do (besides hiring a lawyer) is avoid getting into these kinds of fights. If you want to argue about venue, then only argue about venue. If you don't waste the judge's time, he will appreciate you very much and your husband will be the one who is treated with prejudice.

If you want a lawyer, please feel free to give us a call.

Read more
Answered on 10/10/08, 12:20 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Illinois