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FightForCause (Businessman)     05 August 2015

Party in person - please clarify

Hi Experts,

I have appointed a lawyer in my divorce case. My lawyer will be out of town due to some emergency and next date is for argument on child visitation. Last date also we were not able to represent ourselves due to date in other court.

Can i request judge to allow me to argue on next date as PIP or it is mandatory for my advocate to present and argue.

Kindly clarify.

 



Learning

 2 Replies

Adv. Pandit (Practicing Advocate)     06 August 2015

Hi,

While you may ask for leave to appear in person and argue, this is not recommended. Once you waive your right to appointing an Advocate, you cannot use this as a disablement/defence. Also, being a PIP can do more harm than good if facts and evidences are not properly presented.

Seek a short adjournment and wait for your Advocate to argue. As an alternative, seek advice of another Advocate to clarify your concerns if your Advocate is not reachable. Don't make haste. Best of luck.

Born Fighter (xxx)     07 August 2015

Totally agree with Adv Pandit.

Go with an application to seek adjourment on proper grounds like sickness etc . Let your advocate draft the letter for you.............judge will grant it if properly presented. Dont be in haste or feel pressurized. 


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