Hi I need some help,
My Question is: If a draft court order was mailed by regular post to me on January 20th, how long do I have to reply?
I can never figure out if counting starts the day after the mailing or including that same day so I need help. The opposing lawyer says I have until Sept 30th which is a Sunday.
The background: I've recieved a draft order that I am suppose to respond to yesterday. The evelope is post marked Jan 20th. The lawyer quotes Rule 25(8) (10 Business days) and demands that I respond Jan 30, "or it will be submitted forthwith to the clerk for issuing and entering." (I note that on the Rules website there is only mention of 10 days not 10 business days for Rule 25(8))
The letter was mailed and apparently emailed to me as well Jan 20th. I did not recieve the email yet.
Is this lawyer correct? Seems to me that I should have more time to get this order reviewed by an expert.
I've dones searches and have come up with the following - thanks LV
"When counting days since it is over 7 days you count the weekends and remember to serve it before 2 p.m. and do not serve on a Sunday."
"serving by regular mail service doesn't take effect until the 5th day after it was mailed."
and finally "Do not serve the lawyers secretary."
"If you can't get a hold of the lawyer on record serve your X directly!"
Still unsure of how many days I have to get advice on this draft order.
My Question is: If a draft court order was mailed by regular post to me on January 20th, how long do I have to reply?
I can never figure out if counting starts the day after the mailing or including that same day so I need help. The opposing lawyer says I have until Sept 30th which is a Sunday.
The background: I've recieved a draft order that I am suppose to respond to yesterday. The evelope is post marked Jan 20th. The lawyer quotes Rule 25(8) (10 Business days) and demands that I respond Jan 30, "or it will be submitted forthwith to the clerk for issuing and entering." (I note that on the Rules website there is only mention of 10 days not 10 business days for Rule 25(8))
The letter was mailed and apparently emailed to me as well Jan 20th. I did not recieve the email yet.
Is this lawyer correct? Seems to me that I should have more time to get this order reviewed by an expert.
I've dones searches and have come up with the following - thanks LV
"When counting days since it is over 7 days you count the weekends and remember to serve it before 2 p.m. and do not serve on a Sunday."
"serving by regular mail service doesn't take effect until the 5th day after it was mailed."
and finally "Do not serve the lawyers secretary."
"If you can't get a hold of the lawyer on record serve your X directly!"
Still unsure of how many days I have to get advice on this draft order.
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