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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 10-21-2015, 11:53 AM
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Default Trial in 15 days and not served by applicant yet.

Going to trial first week of nov. and applicant has not served me the respondant with any court documents. Is this normal ,can i accept them now or should i not accept and explain in at trial day.thank you for any quick response.
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Old 10-21-2015, 12:42 PM
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Is this considered a motion?

https://www.attorneygeneral.jus.gov...._part_6_en.pdf

Another example is the rule of service for motions. If you are bringing a motion,
Rule 14 requires you to serve every other party by regular service at least four
days in advance of the date set for the hearing of the motion.

I must be reading something out of context though, because it sounds like it would be hard to draft and file a response prior to trial if you received it 4 days before.
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Old 10-21-2015, 04:12 PM
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Thanks for response, we have had the case conference and now it is going to trial,from what \i have seen ,the applicant needs to file there trial record 30 days before trial and myself the respondant needs to file anything 7 days before trial.
The last time they served me they were also late by a day but i accepted it ,so i am not sure what to do this time as being self repped ,even legal aid couldnt tell me ,hopefully when i go in next week to file they will provide me with more info.thanks.
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Old 10-23-2015, 09:26 AM
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Quote:
Originally Posted by lplp View Post
Thanks for response, we have had the case conference and now it is going to trial,from what \i have seen ,the applicant needs to file there trial record 30 days before trial and myself the respondant needs to file anything 7 days before trial.
The last time they served me they were also late by a day but i accepted it ,so i am not sure what to do this time as being self repped ,even legal aid couldnt tell me ,hopefully when i go in next week to file they will provide me with more info.thanks.
Well unfortunately it a common practice. If I were you I would not hold my breath hoping that just because they served late trial will be adjourned. Thinking behind is that trial record does not contain anything you did not see before so it not a big dea l. So if you want to make sure it has what you need you better prepare it yourself serve and file...
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