Past 30days for response to motion.

[Frustrated_DAD]

So on Day 31 I get a response 15B from the Ex's lawyer which means it will take another day to be filed with the court.
Does anyone have experience where a respondent is refused to file a response to a motion due to not meeting the 30day time period?
Do the courts/clerk require an approval to a request to admit???

If they do require approval - does anyone no the Form #?

 

[TLCRN]

Had experience with a respondent not filing within 30 days, went to court and the Judge allowed extra time giving a deadline for the respondent to file.
I was the respondent and the reason was valid...lawyers house burnt down; heard last month a lawyer telling the judge he did not respond as his wife was diagnosed with a serious illness. what can a Judge do, put legal counsel or person in jail? don't think so!

The court clerk has by law the right to refuse documents and up to them if they accept it or not. They will telll the party to show up for the court date and explain to the Justice why it is late. 31 days is so close. Were you served within the allowed time according to the Family Law Rules? as again they can refuse to file documents if the Proof of service date shows a period of 5 days in order for them to receive the documents.
Especially now with the Postal Strike, the rules might have changed, I don't know!

 

[TLCRN]

error-if the proof of service do NOT show a period of 5 days for the person to receive the documents.

 

[Frustrated_DAD]

Proof of Service

Proof of Service

Since they sent the courier to deliver the "Response to Motion" on day 31 since being served I think they are late. There was no postal strike at the time of delivery. It more due to them finally getting legal help during the last week.

Also her lawyer filled out the form stating a Financial Statement 13.1 would not be included and they only gave me the last 2 years of financual information.

I guess it will be up to the court clerks to decide if they accept only partial information from her lawyer. I know when I submitted my papers they went through everything to make sure it was all there before accepting it.