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Question: timelines for responding affidavit to a motion

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  • Question: timelines for responding affidavit to a motion

    Hi community,

    looking at the rules, a party motion has to serve 4 days prior to the motion date.

    Looking at the notice of motion, any responding affidavit must also be filed 4 days prior to the motion date.

    Doesn't that in effect provide zero time for putting together a responding affidavit ?

    What am I missing here ?

    As usual thanks.

  • #2
    Originally posted by plainNamedDad44 View Post
    Hi community,

    looking at the rules, a party motion has to serve 4 days prior to the motion date.

    Looking at the notice of motion, any responding affidavit must also be filed 4 days prior to the motion date.

    Doesn't that in effect provide zero time for putting together a responding affidavit ?

    What am I missing here ?

    As usual thanks.
    You are correct the filing times is a bit silly. But, the expectation is that motions are intended for "simpler" matters. If you were just served a truck load of affidavit materials it is going to take a long motion (or viva voce hearing) to deal with the response.

    It is generally 2 days prior to a motion that you can file paperwork. Again, the rules are odd and each court house is different.

    The reality though is if a judge hearing a regular motion is handed a large set of affidavits they will push it to trial and/or a long motion to deal with.

    Good Luck!
    Tayken

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