URGENT! Filing Late

[rmccallion]

I'm the respondent and we have a Settlement Conference/Trial Management Conference date set for this Wednesday. Due to an error, I didn't make the deadline and I could not file (although she was served on time). I was advised by a lawyer that it shouldn't be a big deal, that I should still attend the court date and walk the documents into him and explain the situation and that there are many judges that would accept this.

I'd like to know if anyone has experience with the ramifications of filing late and what's the worst case scenario. If anyone has been in this position and can relay their experiences and how it was handled by the judge, I'd really appreciate it.

I should mention, at the last conference in June, not only did she file late, but she even served me late, she just went and rescheduled the conference. Can I use this somehow?

[wretchedotis]

Your lawyer was correct.
Just do as he said.
It will likely proceed that day with the materials you hand in, or perhaps be rescheduled.
The goal is to let everyone have their fair say - and it's unlikely you will be denied that opportunity.

[gumby]

My ex served me by mail so I got his documents late. Then the clerk at FLIC gave me the wrong date to file my stuff (she was confused and it was a long weekend). So I wound up having to get his permission to late file. But his financials got served to me the day before the court date. I was assured by duty counsel I could pass an affidavit on that matter up late to the judge.

Well the judge a) did not know or care that he served everything late that day
b) would not accept my affidavit.
No apology from the clerks for screwing me up.
So beware if it is a conference they may not want to deal with it. Make sure you get consent to late filing and that the clerks bring it to chambers.

[rmccallion]

Wanted to give an update as to what happened should anyone else run into a similar issue (just keep in mind that each situation is unique).

I half expected to be raked over the coals by the judge as soon as the hearing started and having to explain myself. The fact is that he didn't even MENTION the fact that he didn't have the filings. After about 10 minutes while discussing something else, I mentioned to him that she had been served but I had a problem filing, and I had the documents here that I could give him. He just looked at me and said it wasn't necessary and continued on. In other words, he wasn't bothered one bit, he didn't even ask why or say that I had to be more careful, etc...

I will say one thing that I think it affected though, it didn't allow him to see my position when listing the facts and theories of the case, so I think that his "opinion" was swayed by just seeing hers, so it would have been better if I had filed so he could see my arguments.