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    I am confused with respect to time rules and was hoping someone can clear it up for me.

    Suppose a motion is returnable November 28th; all materials respecting the motion must be filed by 2pm, two days prior. But does that material not have to be served on the other party four days before?

  • #2
    Yes , you serve it first at any date you want no later then four day before court date and then you file anytime no later then two day before the date.

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    • #3
      The applicant must serve and file by seven business days prior to and not including the day of court. The respondent must serve and file by four days prior to and not including the day of court.

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      • #4
        Thank you Yahoo. I am completely stumped. That was my understanding; however, the other party has confirmed attendance but did not send a response to the motion.

        Can they file late? Or can we refuse their response and rely solely on our material?

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        • #5
          I was under the impression they could not, given what I was told at the courthouse. However, I was recently told that briefs are often walked in, despite the rules.

          You could send a reminder email along the lines of "I haven't yet received your brief, a reminder that this matter is subject to to the timelines as set out in the Family Law Rules."

          See if that generates a response.

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          • #6
            ^ you are very clever.

            When respondent goes to court and cries "I didn't know about the time limit" the email is produced.

            Good strategic move.

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            • #7
              If it is motion then it will not be in file and judge don't like that someone walk in with materials without file it. And if other party have confirmed then maybe u check if something has been filed that you are not told of. Sometime they go sneaky like that

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              • #8
                Yes but if you don't allow the late filing then the court appearance is often cancelled. This too is a trick sometimes played strategically.

                I suggest you always send that fax to remind them of the law rules and the filing timeline. ALSO ask for the other lawyer or party to advise you by the end of the day when they will be serving you (for a date). A lawyer is supposed to respond to any communication that requires a response (in their professional code of conduct).

                Then at court, if you are stuck in a situation that you have been served with something without the proper timeline, etc. ensure that you ask a judge to ORDER the other party to serve their next whatever document will be required by XX date. That way this doesn't happen again.

                You can also say to the Judge "I just got this this morning, and haven't had a chance to review it".

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                • #9
                  My ex ran up my legal bill nicely by requesting, and being granted, continuances and adjournments. It works for a while then the judge gets pissed off. Meanwhile one is left with bills for lawyers attending court. Lawyers get paid whether the show goes on or not.

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                  • #10
                    I am confused with respect to time rules and was hoping someone can clear it up for me.
                    For motions, the moving party must serve and file their material at least seven days beforehand. These are seven "regular" days - so if the motion is on Tuesday, you need to serve by the Tuesday before.

                    The responding party must serve and file their material at least four days beforehand. Because this is less than seven days, they are four "working" days - so if the motion is on Tuesday, you need to serve by the Wednesday before.

                    If the other side (or court) gives consent to late filing, the absolute last available deadline is 2:00 p.m., two days before the motion. At that time, the files are brought to the judge and are no longer at the filing counter.

                    In any case, a party can ask to file material "over the bench". This means that they serve the material right before the motion, then hand the judge their material. Generally, this is a bad idea because the judge is not likely to have enough time to read the material, and so it loses its impact. It also risks annoying the judge unless the party had a reason for being late.

                    If the moving party wishes to proceed, they should (generally) serve their material as early as possible, so any arguments for an adjournment based upon too little time will be weakened.

                    Comment


                    • #11
                      OrleansLawyer, this is conflicting with what I was told at the courthouse when I went to file. I was using the timeline you mentioned, but was turned away and told to get a consent for late filing, tried to file on a Friday for a wednesday court date, they insisted it was business days and not regular days?

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