Hey all, I’ve been in litigation for 7 years. Our case has been consolidated three times, and now we’re in the middle of a modification proceeding. The other party is way wealthier than me, and I’ve done everything to protect my kids. My finances are shot, and it’s been 9 years of dealing with constant noncompliance with court orders. Our oldest child is 9, and now the other party is finally subject to state enforcement. I’m representing myself in this 4th case, and the opposing counsel, who’s young and trying to make a name for himself, has been saying my motion to modify was denied multiple times, even though it’s been fully granted by the judge. On top of that, he lied to delay the contempt hearing by claiming the judgment wasn’t registered with the court, even though it was. He also misled the judge during mediation, leaving out my objections, leading to an interim order. I’ve filed written objections with the court and have tried to set things right. We’ve got a trial coming up in less than 30 days for child support and parenting time modification. My question: Can I bring up the opposing counsel’s actions and ask for sanctions? He’s done everything to prejudice my case, and I’ve had to fight hard to address it. Anyone dealt with this before or have advice on how I should approach this at trial?
Yeah, you can definitely bring up these actions and ask for sanctions. The opposing counsel’s actions, like misleading the court or delaying hearings, could be grounds for that. It’s all about showing that they’ve prejudiced your case. It might help to show how it’s hurt your ability to get a fair trial.
@Parker
Sounds like a solid plan. Do you have evidence like court transcripts or anything to back it up?
Wynter said:
@Parker
Sounds like a solid plan. Do you have evidence like court transcripts or anything to back it up?
Yep, I’ve got court transcripts that show the opposing counsel’s actions. I’m also documenting everything I can to make sure it’s clear how they’ve tried to delay things.
I think you’ve got a strong case for sanctions, especially if the opposing counsel has lied or been misleading. Oregon courts are strict about this stuff. I’d recommend filing a motion for sanctions with evidence like the transcripts you have.
@EricOrtiz
Thanks, that helps a lot! I’ll get my motion ready. Just want to make sure I’m doing it right.
I’ve been through something similar, and yeah, bringing it up can make a big difference. Just make sure you have everything well-documented. If the opposing counsel’s actions are delaying things or lying, the judge should take notice.
@Del
Definitely, I’ve been keeping track of everything, so I’ve got a solid case for it.
Do you need to cite a specific statute for the sanctions? I’ve heard ORS 20.105 might be useful if it involves bad faith or unnecessary delay.
Clara said:
Do you need to cite a specific statute for the sanctions? I’ve heard ORS 20.105 might be useful if it involves bad faith or unnecessary delay.
Yeah, I’ve been looking at ORS 20.105. It seems like a good fit for my situation. I’ll make sure to reference it in my motion.
I think the motion title would be ‘Motion for Sanctions.’ Keep it simple. And if you’re including transcripts or evidence, make sure it’s all in order to back up your claims.
zamzam said:
I think the motion title would be ‘Motion for Sanctions.’ Keep it simple. And if you’re including transcripts or evidence, make sure it’s all in order to back up your claims.
Perfect, I’ll go with that title. Appreciate the advice!