Getting served before providing consent & change in representation

[Technodaddy]

I have a few questions hopefully someone can answer...

1. I served a motion to change and the other party did not file in time, they waited till the last day then had a death occur. They are asking for consent to file late. Would the courts allow this is I did not consent?

2. The lawyer of the other party sent an email asking for an extension but has not served me with a change of representation. Am I obligated to communicate with this person?

3. I was emailed the reply to the motion to change and I still have not consented to late filing or consented to electronic delivery/service. Am I still considered being served? Seems @ss backwards and not following family law rules.

TIA

 

[Janus]

Unless there is a repeated pattern of asking for extensions, you should probably allow it.

Refusing just makes you look unreasonable, and they will be allowed to miss the deadlines anyway, so you gain nothing.

 

[rockscan]

What Janus said.

Also, is this lawyer new? Did they send you a letter saying they represent the party? Then accept it.

Unless it’s an ongoing stall tactic, accept it otherwise you look difficult. Especially when the delay was due to a death.

 

[pinkHouses]

1. I served a motion to change and the other party did not file in time, they waited till the last day then had a death occur. They are asking for consent to file late. Would the courts allow this is I did not consent?

Who died?

Depends.....they had 30 days to file and they failed. The court will eventually allow them file I suppose. You can say you will allow the late filing of financials as long as they are for date X; that would be normal.

2. The lawyer of the other party sent an email asking for an extension but has not served me with a change of representation. Am I obligated to communicate with this person?

Ask them for the change in representation form and their sworn affidavit of service.
You were supposed to be served with the Change of Representation form.

Maybe they changed lawyers to get around being late with their affidavit, but did it after the affidavit was due.

3. I was emailed the reply to the motion to change and I still have not consented to late filing or consented to electronic delivery/service. Am I still considered being served? Seems @ss backwards and not following family law rules. TIA

Rules change, they are allowed to email the response. You were served, the filing clerk accepted it but that doesn't mean the court accepts it, you can object but....how late were they?
There are certain forms they are not allowed to serve by email (like your motion to change).

Be polite, be reasonable, make note that you were agreeable in allowing them to file late. You can always note you will accept their late filing for future similar consideration.

 

[Technodaddy]

Who died?

The persons brother died on day 30 apparently.

Depends.....they had 30 days to file and they failed. The court will eventually allow them file I suppose. You can say you will allow the late filing of financials as long as they are for date X; that would be normal.



Ask them for the change in representation form and their sworn affidavit of service.
You were supposed to be served with the Change of Representation form.

Maybe they changed lawyers to get around being late with their affidavit, but did it after the affidavit was due.

Yes I will ask for that, I was not even aware there was a lawyer involved till day 30.



Rules change, they are allowed to email the response. You were served, the filing clerk accepted it but that doesn't mean the court accepts it, you can object but....how late were they?

3 weeks later I received a response.

There are certain forms they are not allowed to serve by email (like your motion to change).

Be polite, be reasonable, make note that you were agreeable in allowing them to file late. You can always note you will accept their late filing for future similar consideration.

Thanks ^^^ point taken