Question:
I have received a Praecipe from the circuit court regarding notice that opposing counsel requests matters be set for an upcoming date for the purpose of scheduling a hearing involving motion to modify child support.
Must I go to the courthouse to learn the date of the future hearing or simply await notice by the court?
Answer:
Unfortunately, I am only licensed to practice law in North Carolina and therefore my analysis will focus on North Carolina law. Please speak to an attorney in Virginia who can answer your question using Virginia law.
In North Carolina, a “Notice to Request/Calendar a Hearing” is the first step to getting a date for a hearing. After you request a date, the clerk then schedules the date based on the judge’s availability.
Then, a “Notice of Hearing” is sent to all parties, usually by the one who is requesting the date in the first place, with the date listed.
I am unsure from your question whether or not the document you received had a date listed or not. If there is no date set, in North Carolina you should be receiving a “Notice of Hearing” which actually lists the court date.
You can also call the court and see if anything has been scheduled in your case and, if so, the date of such a hearing. If you call the court please have the case number and the parties listed so that a clerk can help you.
Once again, I am not practiced in the state of Virginia. Please see an attorney in Virginia to answer your question using Virginia law. Please be advised that my answering of this question does not constitute an attorney-client relationship.
Andrea Miller is a Staff Attorney in the Charlotte, N.C., office of Cordell & Cordell where she practices domestic relations exclusively. Ms. Miller is licensed in the state of North Carolina. Ms. Miller received her undergraduate degree in History and her Juris Doctor from the University of North Carolina at Chapel Hill. While in law school, she on the Client Counseling Team for Moot Court and became a board member. Ms. Miller also participated in UNC’s Legal Assistance Clinic whereby she helped represent indigent clients obtain legal counsel primarily in the area of domestic relations.
