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  • not filed answer

    My ex wife has yet to file an answer to court papers she was served with on April 14, 2008. The case conference is set for July 07,2008 and a motion date for July 25, 2008. My lawyer says he will prepare a case conference brief on June 15,2008. I'm wondering if the ex is required to file an answer? Since the ex is a chronic liar, I would like to see her answer so that I can reply. I have several binders of emails and tape recorded conversations but I can't possibly bring all that with me to court and my past experience has been that if anything hasn't been included in my affidavit I can't use it. My question is whether or not the ex is required to file an answer and how long would they
    have to file an answer.
    thanks, stoop

  • #2
    This is a well known delay strategy used by some. They show up at the first appearance and because they have yet to file their mandatory documents, they request an extension which they will get from the court if you contest the extension of time.

    Now if they fail to show at the first appearance then pursue the matter by way of summary judgement which you get.


    lv

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    • #3
      Originally posted by stoopid1
      . I have several binders of emails and tape recorded conversations but I can't possibly bring all that with me to court and my past experience has been that if anything hasn't been included in my affidavit I can't use it.
      Save your e-mail and tapes for trial. You will end up writing many affidavits within the course of proceedings. CC is pure formality. Judge will review difference in views and order both of your lawyers to work out differences for SC.

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