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Question about FDA hearing

  • stephenb
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19 Sep 15 #466934 by stephenb
Topic started by stephenb
Hello,

I am a Litigant in person (respondent). My FDA will be on 28th of September.

We exchanged our Questionnaires on 14th of September (and Form G, Chronology and Statement of issues) with my ex and I am preparing my answers to her Questionnaire.

I received a letter form my ex solicitors, saying:

---begin---
Dear Sir

We are in receipt of the Order listing the hearing on 28th September as a telephone hearing, further to your request.

There is an indication that if agreement can be reached as to the way forward then it may be possible to dispense with the hearing and file an agreed order setting out what the parties are to do next.


Kindly confirm if you are in agreement with providing replies to our client’s questionnaire and your timescale for doing so (we would suggest 3 weeks from 28th September).
----end----

Being a Litigant in Person now I can''t understand what these letter exactly means. I can understand that I am asked to confirm if I will be able to provide replies of their Questionnaire 3 weeks later than the date of the FDA.

What I would like to know is what the procedure could be if I say yes or No. I have all answers prepared bit with the lack of information about the Court procedures I can''t decide what is in my favor:

Here are my questions to you and thank you in advance for any piece of information or link.

- What the below paragraph means?

"There is an indication that if agreement can be reached as to the way forward then it may be possible to dispense with the hearing and file an agreed order setting out what the parties are to do next."

What an agreed order is?

I can usnderstand that we can dispense with the hearing so what will happen then? Should we go to the Court for the next hearings or it is just to postpone the replies and/or to skip the FDA without involving the Court to order what document should be provided etc?

- Do I have the right to say "No, I want to go to the FDA" and if so should I write to the Court?

- Is it legal to skip the FDA to try to settle an agreement and if so, should I send the Court anything? For example to tell the Court that we will try to settle an agreement?

- I assume that they are going to negotiate the agreement. Can I legally ask them for a reply to my questionnaire at the same time?

- Can we go to the FDA later than the 28th of September if I agree to provide replies and they provide their''s in 3 weeks and we cannot settle an agreement? How can I do this - to ask the Court for a new date for FDA or what?

Every information will be greatly appreciate. I am not a solicitor and I don''t know the procedure, so I find this website and forums very helpful.

Thank you in advance!

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