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  • CC Brief Received 48 hours before date

    I just received Case Conference brief (via e-mail) 48 hours before conference date. Is this acceptable? Should I bring this to the judges attention at the case conference?

    Can one serve via e-mail - I was told an original was sent via courier today meaning that at best I will receive it with less than 48 hours before going in front of a judge. Thanks....

  • #2
    http://www.attorneygeneral.jus.gov.o.../scj_part4.pdf

    This link will give you a good understanding of how and when things like the brief are done and served. Note, that the party asking for the conferance is to file and serve the other party at least 7 days before the case conference.

    I am not sure on your position, and what you can do if they waited until 2 days prior?
    LV may have better advice in that field.

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    • #3
      Since they are the moving party and it was them that arranged the conference --Seek an adjournment to permit you time to complete, serve and file your own case conference brief. It is somewhat bad faith on their behalf.

      Comment


      • #4
        Thanks - I actually submitted my brief earlier today (prior to receiving theirs) just becuase I didn't want to miss the 2:00 deadline. I understand however that I have the right to refuse theirs to be submitted at the case conference itself and as such set a new date. I would have altered my brief if I had seen theirs first. Thanks....

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        • #5
          TO divorce,

          If the conference is adjourned, serve and file a new brief for the conference.

          Be sure to file the 14C Confirmation to the Registrar

          lv

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          • #6
            Yeah, don't put up with that crap and let the judge know. I once received a brief 2 hours before I was scheduled to go to court....

            Comment

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