Lawyers for Biden, 49, argued in a filing on Thursday that their client didn’t receive “proper notice” about the Jan. 7 hearing in Independence County Circuit Court and that he “resides in California and is unable to appear.”
Should the judge choose not to postpone the hearing, Biden asked to appear by phone.
The son of ex-Vice President Joe Biden is being sued by a former Washington, DC, stripper for paternity and child support.
Lunden Alexis Roberts, 28, says she gave birth to Biden’s kid, “Baby Doe,” in August 2018 and that DNA tests ruled with “scientific certainty” that he’s the dad.
Next week’s court date was originally set by Judge Don McSpadden on Dec. 2.
Biden was a no-show at hearing that day, as his former attorneys unexpectedly filed papers saying they’d been fired.
Judge McSpadden abruptly recused himself on New Year’s Eve and apparently confirmed in an email filed by Biden’s new lawyer, Brent Langdon, that the Jan. 7 hearing was off.
But the new judge in the case, Holly Meyer, put the “hearing on all pending motions” back on the books Thursday.
It wasn’t clear why McSpadden recused himself.
Langdon argued in his motion for continuance that his client should have gotten a 20-day notice.
He also wants a hearing on a request for a protective order that would keep Biden’s financial situation under wraps, citing the “extraordinary amount of attention by media and non-interested third parties.”
Langdon didn’t immediately respond to an email, but previously told The Post that he does not comment on pending cases.
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