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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 06-16-2015, 05:57 PM
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Ok I have some filing questions.

Applicant (not the moving party) did not respond to motion to change 30 days past, at about 45 day mark we were in court and judge gave until May 5 to serve and file the response to motion to change. She didn't.

Case conference is on 22nd. I served and filed on her.

Yesterday the applicant approached me and handed me a pile of papers it was what she was serving.

So if I understand right she is of course way past the serving and filing deadline for motion to change response.----will they actually check to see if she is past deadline or will they let her file it?

My understanding is that case conference is 7 days for the moving party including weekends, and 4 days for the response not including weekends. So that would mean that she would have to file by today?

She served but she didn't file it with the courts.
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Old 06-16-2015, 09:15 PM
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As far as I know, the clerks are not supposed to accept filings that are past the deadline.

At my last settlement conference, I got my ex's brief after the deadline and I wondered if the court would accept it.

When we went to court the following Monday, our case management judge pointedly mentioned that he had received my brief and read it over the weekend and then asked ex's lawyer if she had filed anything.

Her lawyer sheepishly filed my ex's materials over the bench, which were then passed on to the judge. I watched as the judge flipped quickly through the pages and turned them face down on his desk and didn't look at them again.

It seems that late materials can be accepted after the deadline but it really pisses the judge off.

Let us know what happens in your case Dadx5!
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Old 06-16-2015, 09:48 PM
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In my experience the clerks will accept late filings but they stamp it LATE and say it's the judge's discretion whether to accept it late or not.
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Old 06-17-2015, 12:26 AM
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Yes, that's my experience also. My ex emailed me his Settlement conference brief(not an acceptable form of service)...but the judge didn't really care. I have found that the court clerks are very strict about filings...judges?... not so much.
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Old 06-17-2015, 12:36 AM
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We have it in our divorce order that we have to exchange finances every year by June 15th. This year I decided to not abide by this (I've done so every year for past 6 years). Ex has filed taxes (maybe/maybe not) and then done a big re-file in November. I don't usually receive this until December.

The way I figure it, the G/F can go ape-shit and retain their lawyer and take me to court (I won't attend but my lawyer will on my behalf). The tax return will then be presented which clearly shows I filed on time this year.

Yeah it's ignorant of me but just once I'd like to be the one chased around to comply with a court order.

fuck them.
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Old 06-17-2015, 01:11 AM
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I agree! My ex lied and cheated in all court appearances and got away with it even at trial. I had asked the court to give him se punishment/fine for misleading the courts on several motions which was a waste of time and money... But he simply said " we don't do that " smh. Had I known this before I would have also lied all the way until trial. Good luck to you!
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Old 06-17-2015, 11:35 AM
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Quote:
Originally Posted by Dadx5 View Post
Ok I have some filing questions.

Applicant (not the moving party) did not respond to motion to change 30 days past, at about 45 day mark we were in court and judge gave until May 5 to serve and file the response to motion to change. She didn't.

Case conference is on 22nd. I served and filed on her.

Yesterday the applicant approached me and handed me a pile of papers it was what she was serving.

So if I understand right she is of course way past the serving and filing deadline for motion to change response.----will they actually check to see if she is past deadline or will they let her file it?

My understanding is that case conference is 7 days for the moving party including weekends, and 4 days for the response not including weekends. So that would mean that she would have to file by today?

She served but she didn't file it with the courts.

This is what I know about filing documents it’s not a lot but perhaps will help. You are correct about the 7 and 4 day deadlines.

Your Ex cannot serve you herself in person. If you have a lawyer she can serve it to them. If you are a selfRep then she has to use a third party to serve. Or she can serve you in one of the other ways stated on form “6B affidavit of Service”

Either you or the other party can accept documents up to the time that the Confirmation (2pm 2 days prior to the case conference) is due as long as you provide written acknowledgment that you are excepting them late.

If your Ex has not filled anything with the court than nothing you have received from her is admissible.

I had a similar incident with my Ex and the Judge gave her 2 extensions to complete documents. Hope any of this helps.
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Old 06-17-2015, 12:07 PM
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Let me tell you about family law. Although there are "rules" there is no penalty for breaking them. The clerk will probably not file the papers, but other party can come to court on the day of and ask the judge to take them. I have seen that happen especially with self rep parties. Did he serve you a case conference brief only, then other party can serve it to U personally or via mail/courier. If the party gave you the motion to change response, that has to be personally served. You can ask the judge to throw it out but good luck with that! Family court is not fun! Be prepared to see the other party get away with so much stuff.
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