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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 08-16-2019, 02:35 PM
opticnerve opticnerve is offline
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Default Confused about Motions - Can ex respond to motion with a motion?

My bf started a court case and issued an urgent motion (motion #1) asking to keep the status quo. No case conference yet. Before the motion #1 date, his ex served him with her own motion (motion #2) to change the status quo (14A) instead of a reply. Her motion #2 and affidavits includes her dispute over my claims/allegations that are in my motion #1 and affidavits. The ex served and filed past the deadline (3 days before the motion). The ex said she will ask the judge at the motion for an adjournment. So bf prepared a reply to her motion #2 in event the judge hears both motions that day. At the motion, we serve her the reply to her motion #2, judge acknowledges it as served and grants her an adjournment until last week of this month to give time to review bf's reply to her motion #2.

Q1. Is the ex's motion #2 considered an answer to my bf's motion #1?

Q2. If the ex's motion #2 is not an answer to my bf's motion #1, then would the judge technically consider it uncontested and grant my bf the orders in his motion? or does judge have to consider all motions that were served before the motion date?

Q3. Can the ex serve my bf another motion before the motion date, which is tbd?

Q4. How many times can my bf or his ex reply to the motions before a motion date?
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Old 08-17-2019, 03:15 PM
tilt tilt is offline
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1. Yes, she can serve a motion (called a cross motion). I believe it is considered the Response as well. You can file a Response (14a) to her motion .

2. No.

3. A motion on a different topic can be served. Sometimes they are all heard together.

4. The Rules allow a Motion - then a Response by the other Party - then your Reply to the Response (you cannot introduce evidence in your Reply unless it is it was brought up in her Response. If there is something you want heard at the Motion, walk it in in case the judge allows you to introduce it (down judges are flexible with self-reps)
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Old 08-18-2019, 02:21 PM
opticnerve opticnerve is offline
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Thanks so much Tilt!
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