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Old 06-25-2014, 06:56 PM
plainNamedDad44's Avatar
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Default Question: timelines for responding affidavit to a motion

Hi community,

looking at the rules, a party motion has to serve 4 days prior to the motion date.

Looking at the notice of motion, any responding affidavit must also be filed 4 days prior to the motion date.

Doesn't that in effect provide zero time for putting together a responding affidavit ?

What am I missing here ?

As usual thanks.
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Old 06-26-2014, 07:19 AM
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Originally Posted by plainNamedDad44 View Post
Hi community,

looking at the rules, a party motion has to serve 4 days prior to the motion date.

Looking at the notice of motion, any responding affidavit must also be filed 4 days prior to the motion date.

Doesn't that in effect provide zero time for putting together a responding affidavit ?

What am I missing here ?

As usual thanks.
You are correct the filing times is a bit silly. But, the expectation is that motions are intended for "simpler" matters. If you were just served a truck load of affidavit materials it is going to take a long motion (or viva voce hearing) to deal with the response.

It is generally 2 days prior to a motion that you can file paperwork. Again, the rules are odd and each court house is different.

The reality though is if a judge hearing a regular motion is handed a large set of affidavits they will push it to trial and/or a long motion to deal with.

Good Luck!
Tayken
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