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In India for a relative's divorce case, a petition is filed in high court against a case in lower court. The higher court has issued a stay order.

But my relative's lawyer in lower court says he still needs to appear in lower court on court date. I feel that the lawyer is just trying to get a fee.

Any one with this information?

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  • The lawyer is making the right call, even if the hearing ends up only being a five minute status report. The suspicion that "the lawyer is just trying to get a fee" is the kind of cynicism that makes people who have that attitude fail miserable in the legal system.
    – ohwilleke
    Commented Jan 26, 2023 at 8:25

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It's basically a question about the rules of court.

While I can't say for sure about this case, a scheduled court date that isn't canceled, even in a stayed proceeding, is to be held. Non-appearance of a party or their representing lawyer is a bad idea as it might incur contempt of court.

Such a court date can be used to (once more) inform the court and other parties of the stay. Paperwork that might have been delayed in postal service is then given over under the eyes of the judge, pretty much ensuring that the other parties did get them and nobody may cry foul play. Possibly the meeting can be used by the attorney to reschedule other court dates or depositions if the stay has a specific time length.

Also note, that not all stays are for the whole case but might only rule to stay parts of it: a divorce case that includes a case for visitation of a child might stay the visitation part till a related case about where the child will live in the future is solved, but continue on the parts that try to sort out the divorce itself. Such non-stayed proceedings do proceed even under the stay of some others.

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