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  • Applicant has missed filing date, now what?

    My husband (respondent) is attending a settlement conference on May 31. The applicant has not served him with her settlement brief which was supposed to be provided today (6 days out). So now what? What are his options? She was the one who initiated all this process because she was unhappy with certain aspects of their previous consent order. I find it strange that she wouldn't bother to complete and file the materials. She currently has counsel and we haven't received a change in representation notice so we are sort of at a loss as to what is going on.

    Can he file to request dismissal of her motion because she is not following the family law rules with respect to the filing of materials?

    We aren't sure how to proceed from here. Any advice is appreciated.

  • #2
    If she is self-rep the judges give quite a lot of leeway. When my ex was self-rep the judge allowed a motion on other matters to be served on me that day and ruled on (two different times too) when no other material had been filed regarding the matter we were in court about. And had I known about the contents of the motion I would have gotten legal representation. So, don't think it is a slam dunk that the sc will be adjourned/abandoned. When my ex has a lawyer materials are often filed late/incomplete and the judge still allows them to be used.

    Personally, I follow the deadlines scrupulously and allow my ex to do whatever he wants knowing the judge will allow it - but also knowing it is building a narrative for the judge that my ex is unreliable and not taking the legal process seriously which has then been used in judgements/endorsements where the Judge is assessing credibility.

    Basically, I have seen the judge give my ex enough rope to hang himself.

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    • #3
      I've been strung along in the system the last 7 years. Due dates mean nothing. Judge always gives an extension at least in my case it happened each time. Ex missed a filing date, asked for more time, here you go...another 30 days. ....another 20 days.

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      • #4
        Is the ex self-rep? Our opposing party has counsel (pretty sloppy counsel, who doesn't even seem to spell check or check basic math, but that's another story *eyeroll*)

        We are just wondering if we can push the matter to a summary judgement because she has done other things since serving us with her motion to change which show she is clearly interested in delaying process intentionally. I am not sure why she wants to do this because she is the one paying for a lawyer. So does he have any ability to speak up and ask for summary judgement and have this whole fiasco put to rest? It seems like a ridiculous waste of time which is borne from pettiness.

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