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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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  #1  
Old 02-11-2021, 10:37 PM
dealingWithEvil dealingWithEvil is offline
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Default adjournments

A week before a Form 14 full motion I needed an adjournment and OC provided a 14C motion for adjournment.


When the 14C form was sent to me I still had time to file my responding affidavit but did not because of the adjournment and the reason for the adjournment.


Months later the motion date is coming up and the OC is telling me that the time for me to file a response has passed and they will seek to have my response disallowed. What reason could they have for disallowing my response?
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Old 02-11-2021, 11:33 PM
Kinso Kinso is offline
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Why didn’t you serve it months ago?
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Old 02-11-2021, 11:36 PM
tilt tilt is offline
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It could be the other side trying to bully you, or there could be something procedural. Generally though, in Family Court the Justices are pretty loose with deadlines. Have they filed the motion again and has the new deadlines passed? Was there anything in the Order or the latest Notice of Motion about deadlines?
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Old 02-12-2021, 03:35 AM
dealingWithEvil dealingWithEvil is offline
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There is nothing yet.
Do whole affidavits get struck for sections that are considered inflammatory and without evidence?
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Old 02-12-2021, 11:55 AM
Stillbreathing Stillbreathing is offline
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DealingwithEvil in my experience anything goes in an affidavit and nothing is struck no matter how inflammatory or baseless. In fact, over the entire 10 years I have been embroiled in litigation with a high conflict ex each and every affidavit he has produced has been inflammatory and without merit. I used to get upset about all the lies but some have been so outrageous that I burst out laughing. For instance, he has brought it to my attention that I apparently signed a pre-nuptial agreement ( which does not exist) a full 6 months prior to having actually met him. This affidavit was approved by his lawyer who I have dubbed Mr LAL ( lazy ass lawyer who is too lazy to read what he has written). I plan to bring popcorn to our upcoming arbitration as I can’t wait to hear the story behind this. The only logical conclusion is that I was a mail order bride and didn’t know it.

So to answer you question, basically anything goes when it comes to an affidavit short of death threats and vulgar language. Those two things may be struck.
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Old 02-12-2021, 06:57 PM
dealingWithEvil dealingWithEvil is offline
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Thanks. So anything goes, I am not that type.

The rules say that affidavits must be filed 4 days before the motion date. The motion date changed due to adjournment.

I had other things going on in my life that were difficult and did not want to cause anger over my affidavit to last so I waited until closer to the motion date.

I read that to get something adjourned a party must show up at the motion to get it adjourned. Maybe they are going to say I had to file 4 days before that date but I don't see how that is right.
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Old 02-12-2021, 08:07 PM
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Quote:
Originally Posted by dealingWithEvil View Post
I had other things going on in my life that were difficult.
Nothing in your life is more important than this court case.

Your other excuse (trying to avoid making the other side angry) is even less convincing. You are in court; outside of physical violence that is the worst thing anybody can do to anybody else. Hurt feelings should be expected.
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Old 02-17-2021, 10:04 PM
dealingWithEvil dealingWithEvil is offline
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Quote:
Originally Posted by Janus View Post
Nothing in your life is more important than this court case.

Your other excuse (trying to avoid making the other side angry) is even less convincing. You are in court; outside of physical violence that is the worst thing anybody can do to anybody else. Hurt feelings should be expected.
As far as I know I did not miss the deadline for submitting.

I can think of a few things that are more important or would prevent someone from filing an affidavit on time or simply asking for an adjournment to a later date:
-sudden death of a loved one: child, parent, new spouse.
-critical illness or injury to themselves or a loved one.
-false detention.
-ones place of residence burning to the ground or other destruction of materials and ability.
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Old 02-18-2021, 12:20 PM
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Quote:
Originally Posted by dealingWithEvil View Post
-sudden death of a loved one: child, parent, new spouse.
If the child is dead paperwork doesn't have the be filed. Otherwise, people die all the time.

Quote:
-critical illness or injury to themselves or a loved one.
If you have a critical illness, you probably should not have custody anyway. If a loved one has a critical illness, then no... that should not have stopped you from meeting the deadline.

Quote:
-false detention.
If you are in jail, you're probably going to lose your case anyway.

Quote:
-ones place of residence burning to the ground or other destruction of materials and ability.
Save stuff in the cloud.


Anyhow, all of these reasons are ridiculous, so it is hard for me to take them seriously. None of them happened to you. Your excuse was something about not making the other side angry, which is not even within a continent's worth of spitting distance of any of the scenarios you outlined above.
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Old 02-18-2021, 02:43 PM
dealingWithEvil dealingWithEvil is offline
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Really, you are calling my response ridiculous. Seriously, are you drunk or really angry?

8 days before your motion you are working on your affidavit:
You get hit by a car and end up in the hospital....no continuance. LOL
One of your children die....no continuance.
One of your children is in an accident and is in critical condition.
A parent suddenly dies.

I am not going over the rest because you are so clearly wrong.
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