- 6 - respondent’s counsel that she was not aware that Case I had been scheduled for trial on April 29, 2002. At the April 29, 2002, Trial Session, the Court asked petitioner Hook if she was aware that her case had been scheduled for trial and she responded that when she heard about the trial setting (about 4 months before), she had written to the Court to inquire about the trial session and because she did not receive a response back from the Court, she ignored respondent’s counsel’s January and March notifications of the impending April trial date. The Court’s files maintained for Case I do not reveal any such letter from petitioner. In addition, the Court’s records reveal that all Court notifications, Orders, etc., had been sent to petitioners Hook and Smith at their separate addresses by certified mail, and that the notices of trial and Orders sent by the Court to petitioners were not returned as undeliverable. Under the circumstances, the Court found petitioner Hook’s explanations to be disingenuous. Accordingly, petitioners’ explanation or excuses were not accepted and Case I was set for trial on May 2, 2002, at 9:00 a.m. The Court admonished petitioners that failure to appear would result in a dismissal or default of their case. On May 2, 2002, petitioners Hook and Smith appeared and attempted, as a preliminary matter, to offer four boxes ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011