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I had served my ex and his lawyer today with a draft order of our minutes of settlement for their consent. I was kinda unclear about going about it within the family law rules..but i submitted anyways...do I have to do an affidavit of service for these documents and submit same to continuing record or do I just wait for them to serve me with a signed draft? I'm not sure how that works...any info on this would be appreciated.
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dickstacie,
you have to wait ten days. However, note when the draft order was served.
When counting days since its over 7 count the holiday weekend. Was it served before 2 p.m. or after?
If it was before 2 p.m. - service is effective today, if it was served after 2 p.m. service is effective on Tuesday.
With that said, 10 days from today or 10 days from nest tuesday depending on the 2 p.m. threshold.
Today - 10 days elapse after 14:00 hrs on May 28, 2007
Nest Tuesday - 10 Days elapse after 14:00 hrs on June 1, 2007
If you don't hear from then your draft will prevail- If they dispute or contest the draft they have to serve upon you notice of sipute of order within the 10 days.
lv -
it was served after 2 p.m. today...so it would be june 10th...thanks again...your the best!!!Comment
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sorry..typo...june 1st...thanks again.Comment
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oh yeah..so if they dispute it, we would schedule a telephone conference with the registrar...then what if that doesn't work? would the matter of dispute be brought up before the judge again until it is settled?Comment
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dickstacie,
If the matter is not settled before the Registrar, the matter will go before a Judge.
lvComment
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just one more thing...if I served on friday after 2 p.m., do I put on the form that it was served tuesday or friday?Comment
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dickstacie,
Put on the affidavit of service the exact date and time it was served and method of service. However, due to the rules, service is not effective until Tuesday as Monday is a Stat holiday.
lvComment
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