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You can't say, "Well, okay, three, four, five, six, seven, eight months from now, I'm going to resolve all the issues." Todd Orston: There are some issues where it's sometimes custody issues, sometimes financial issues, support issues that just can't wait, and if you can't reach a temporary agreement, then this is an avenue that you can go down and you look to the court.
You basically say, "Judge, we need some temporary help, and if you can give us this help, it's probably going to and hopefully carry us until we either resolve the case by settlement or we have a final trial [inaudible ].
We don't need to have a hearing on all of those things. These are basic ground rules that you are now bound by." Leh Meriwether: Yeah. Each county has its own standing order and some are drastically different than others, so its important to read that. With a temporary hearing, you're saying, "There are temporary issues. Please put us on a calendar as soon as you can, but whenever the court is ready and available, put us on a calendar." Todd Orston: Emergency is the same thing, except you're looking to the court and saying, "We need to be in front of you yesterday." This is an emergency.
Now we haven't studied every single jurisdiction, but all the jurisdictions I'm familiar with, there are standing orders. It's dealing with the safety or the health or welfare of a child or- Leh Meriwether: Or the house is about to go into foreclosure.
In fact, sometimes you've got to go to court for a temporary hearing to change components of the standing order because they may not work for your situation.
Todd Orston: Well, and I think that was the whole premise behind the standing order.
Todd Orston: That's right, some emergency, financial issue that just cannot wait days, let alone weeks, months, or longer. Now dealing with something like a house is different than dealing with a credit card.
Every judge I've ever been in front of has said, "Well, failure to meet a credit card payment, that's not an emergency. I think you've already mentioned this before, but temporary hearings are not the same around the country.
When I say anybody, I'm talking about the parties. Like you said, some courts it's called interlocutory hearing, so they call it different things.We're just going to call it temporary hearing because that's what we're most familiar with, and it makes the most sense. Todd Orston: Oh, come on, and it's an easier word. One of the questions we get often is, "Will a temporary hearing set the course for the rest of my case? Leh Meriwether: Because there's cases where you've got someone with a personality disorder on the other side, and if you read Bill Eddy's book, one of the books, Splitting, they're very compelling the first time you ever meet them." In other words, will a temporary order also become my final order? Todd Orston: That is a question that we get all the time, and the answer is maybe. The reason I can't say yes and I can't say no is ... They speak with emotion and passion, which makes their factual arguments almost, a little bit more compelling.For many people, this is the first time they have ever been in a court room, so the experience can create a high level of anxiety. Todd and I are partners at the law firm of Meriwether & Tharp, and you're listening to Meriwether & Tharp Radio on The New Talk 1067.That is why we decided to take the time in this show to explain what to expect at a temporary hearing, including what the Judge will and will not address at this hearing. Here, you'll learn about divorce, family law, tips on how to save your marriage if it's in the middle of a crisis, and from time to time, even tips on how to take your marriage to the next level. If you are dealing with some kind of a legal action, especially if you're dealing with a family law action, a temporary hearing, also known or in some courts known as an interlocutory hearing, are relatively common. Doesn't have to happen in every case, but when there are temporary issues, issues that can't wait until the final adjudication, then most courts will give you that opportunity to come before the court and basically bring those issues up to get some relief pending the final decision of the court or final settlement. Today, we've got a whole series of questions, and the plan is we're going to really talk about ...