Despite the rules adopted by the MN Supreme Court to promote fairness, due process and judicial economy, court rules in family cases continue to be frequently ignored by attorneys and particularly unrepresented parties. Please refer to the posting at bottom of right-hand margin here ("Miscellaneous But Often Ignored...) dated May 3, 2010. Judges are fully-aware of tactical moves by attorneys intended to gain a litigation advantage, such as serving moving papers by fax in the late afternoon of the 14th day before a hearing; or failing to notify opposing counsel when a hearing date is scheduled, or requesting a continuance ex parte just before a hearing or trial because "I was just retained and I need time to do discovery." I would classify these tactics as "sneaky." Another trick is not filing any pleadings at all or a certificate of representation in order to avoid paying a filing fee.
There is the old concept of "clean hands" that lawyers are taught in law school. A lawyer or party that is obstructionist, uncooperative, or uncommunicative (that is, does not have "clean hands") cannot expect special consideration from the court when they ask for a continuance or more time to answer discovery or a motion.
At least once a year all lawyers in MN should read the "Professionalism Aspirations" adopted by the MN Supreme Court and found in the Rules of Court. This would include the lawyers before me yesterday that were arguing and raising their voices as they departed from the courtroom after a contentious hearing. Chill out, gentlemen!
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