Tayken |
03-04-2019 02:02 PM |
Quote:
Originally Posted by iona6656
(Post 234264)
so they were outside the prescribed timeline?
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Generally, they don't apply the rules very hard to them. They are not sworn statements and change over the course of a matter. Fighting over them is a waste of time. The court will always allow late submissions on them...
Quote:
Originally Posted by iona6656
(Post 234264)
someone may correct me on this- but I believe they are entitled to include items they seek to litigate at trial- in their pleadings.
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Correct. Say parties agree to a final settlement on custody and access and only equalization exists. They should update their pleadings as they are not asking the court for an order with regards to this.
Quote:
Originally Posted by iona6656
(Post 234264)
HOWEVER, if they are outside of the prescribed timelines- I think you can bring a motion to say their amended pleadings should not be admitted.
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Waste of time. Courts always allow them.
Quote:
Originally Posted by iona6656
(Post 234264)
Aside from the re-litigation of the items settled on consent- is there anything else objectionable in their pleadings?
Do you have a lawyer?
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The court will ignore the pleadings or make them update them to remove things that have been settled FINAL. If you settle things final then you need a material change in circumstance to change them.
Pleadings are the most ignored paperwork in family court.
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