What constitutes good grounds for objecting to or moving to strike a notice of non-jury trial filed in a family case? No discovery has been conducted and no temporary relief orders have been issued. There has been absolutely no time to prepare the case for trial and without ANY discovery from the other side (who filed the Notice of Non-Jury Trial) and no depositions taken in the matter, it is impossible to adequately prepare the case for trial in such limited time per the notice.
The fact that there has been no temporary relief order or hearing entered is not grounds. However, the failure to comply with mandatory disclosure and/or discovery may be good grounds. Also, the matter must be “at issue”, meaning that the pleadings, Petition, Answer, Counter-petition and Answer to Counter-petition have been filed. Also, there are time limitations associated with noticing the case for trial. I would not venture into this situation without the assistance of a good family law attorney.