View Single Post
  #3  
Old 03-04-2019, 02:02 PM
Tayken's Avatar
Tayken Tayken is offline
Senior Member
 
Join Date: May 2011
Posts: 7,256
Tayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant futureTayken has a brilliant future
Default

Quote:
Originally Posted by iona6656 View Post
so they were outside the prescribed timeline?
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 View Post
someone may correct me on this- but I believe they are entitled to include items they seek to litigate at trial- in their pleadings.
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 View Post
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.
Waste of time. Courts always allow them.

Quote:
Originally Posted by iona6656 View Post
Aside from the re-litigation of the items settled on consent- is there anything else objectionable in their pleadings?

Do you have a lawyer?
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.
Reply With Quote