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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 01-27-2011, 02:10 PM
CycleDad CycleDad is offline
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Default Responding to a Draft order; Timelines?

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.
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Old 01-27-2011, 06:28 PM
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NBDad NBDad is offline
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Call the family law information center. I know here in New Brunswick it depends entirely on how it's being served.

Does the lawyer know you've received it? If it wasn't sent via RRR mail (ie. registered mail) they cannot "prove" you were served, which is a requirement.
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Old 01-27-2011, 08:32 PM
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the FLIC here does not have phone in access and I spent half the day there yesterday just to be sent home at the end of the day without seeing anyone.
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Old 01-28-2011, 12:40 PM
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Well I found some more information in the Rules that pertain to my problem of counting days.
RULE 6: SERVICE OF DOCUMENTS
EFFECTIVE DATE, SERVICE BY MAIL
6(9) Service of a document by mail is effective on the fifth day after it was mailed. O. Reg. 114/99, r. 6 (9).
and Rule 3 counting Time
3(1) In these rules or an order, the number of days between two events is counted as follows:
1. The first day is the day after the first event.
2. The last day is the day of the second event. O. Reg. 114/99, r. 3 (1).
So if it was regular mailed Jan 20th. another five days would be Jan 25, and another 10 days would be Friday Feb 4th. I think that is correct.
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Old 01-28-2011, 02:41 PM
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Quote:
Originally Posted by NBDad View Post
Call the family law information center. I know here in New Brunswick it depends entirely on how it's being served.

Does the lawyer know you've received it? If it wasn't sent via RRR mail (ie. registered mail) they cannot "prove" you were served, which is a requirement.
Only originating documents need the RRR. An affidavit of service works just as well when submitting docs through snail mail.

Last edited by InterprovincialParents; 01-28-2011 at 02:42 PM. Reason: ...
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Old 01-28-2011, 02:54 PM
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Quote:
Originally Posted by CycleDad View Post
...and finally "Do not serve the lawyers secretary."

Still unsure of how many days I have to get advice on this draft order.
First, RoSP state that service can be...
16.05 (1) Service of a document on the lawyer of record of a party may be made,
(a) by mailing a copy to the lawyer’s office;
(b) by leaving a copy with a lawyer or employee in the lawyer’s office;

This is common practise, so not sure where you heard otherwise.

Secondly, you typically have 10 days to reply. These days are work days, aka Mon-Friday. Do not count weekends or holidays. So, if you were served with a draft order effective the 25th, you merely need to reply by February 8th. That reply can be an agreement, a counter-offer, or an all-out refusal of the draft
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Old 02-03-2011, 12:12 PM
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Thanks IPP for your reply. I did not get the email saying someone responded to my thread like a normally do.

I got that "do not give documents to the secretary" idea from another thread in this forum. From a well respected member; it may have been a "best practice" advice thing.

rule 16.05 sounds familiar to me. I forgot about it and thanks for pointing it out. One less thing to worry about.

thanks again!

Last edited by CycleDad; 02-03-2011 at 12:12 PM. Reason: added word "rule"
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