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I was wondering what happens if the ex does not reply for a contempt motion. Or serves her reply late? We have the motion Thursday at 10 AM so and still no word from her at all.
Thank you
Thank you
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A party is not obligated to respond to a motion. It tends to make the moving party more likely to succeed. -
There is a possibility that the opposing party may walk the responding motion material in tomorrow (assuming they have not responded already) and ask the Judge for an adjournment at the last minute. Of course they will need to provide good reason as to why an adjournment should be granted and why their responding materials should be accepted at this late hour. If they do try this, make sure you have a response prepared. Namely, that you never received a request for an adjournment and had you received one, you would have of course been reasonable about this.
Did you send over the confirmation of motion two days before? Make sure you have an email/fax receipt to confirm this piece.
On a seperate point, just in case the opposing party alleges they were never served with your contempt motion, make sure you have proof of service and a copy of the affidavit of service at hand.
But yes, if there is no response, no request for adjournment, then the motion is likely to be approved. Best of luck tomorrow.Comment
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Settled in the court hallway. She tried to walk her motion for an adjournment but we talked with duty council and figured out a settlement, I got the time I wanted with our daughter plus makeup access, status quo for Easter and Thanksgiving holidays in my favour now at least. I settled without costs but we did manage to get a schedule together until the end of september hammered out. So I think it was a good day in all.Comment
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Congratulations Fireweb!!!Comment
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