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  • Counting Days

    I have a CC coming up next Thursday the 16th of April. I understand that, since my ex filed a Motion to Change, she has 7 days before the court date to serve me with her Brief. Since this is a long weekend I'm thinking that she should have served me today at the latest (Fri and Mon holidays).

    Am I missing something? What happens if she serves me tomorrow? I know that the court office is not supposed to accept but I think that they probably will anyways. I've had experiences where they have accepted "addendums" and "annexes" after the date (in order to reply to my Brief).

    Any thoughts? Thanks in advance.

  • #2
    My understanding is that days mean "business days" and that any civic holidays are not counted as business days as the office/courts are not open.

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    • #3
      I called the FLIC and what they told me I couldn't believe! She told me that, since the CC is being heard on Thursday, they have until this Thursday to put in their Brief. Then she told me that, since I need to get my reply (Brief) in four days in advance and the last day falls on a holiday, those days count for me. In other words I need to get my reply in on the same day!

      Doesn't make sense but then what else in this reality does? Thanks for your input FL! I was waiting for you

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      • #4
        It's common for parties to "walk in" their submissions right up to the very hour of the motion or conference and have it considered by the judge, even if it is way late according to the rules.

        I have to believe that part of the reason for this huge departure from the rules is that the best interests of the children trump everything. If a judge dismissed material evidence that was submitted late and it caused the children to suffer, that wouldn't be a good thing.

        Unfortunately, it's not uncommon for lawyers and litigants to abuse this in a strategic way in order to advance their interests.

        So be careful. The rules aren't always adhered to. It's mind-boggling at times, but "it is what is".

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