What happens if you think you were served in a shorter period than allowed in family law

Asked over 2 years ago - Fresno, CA

I believe that I was not served the response in the right amount of days. it was mailed to me first class mail they sent it out on the 22nd. Court is April 5th. I cannot even see it on the online docket but I filed my reply and it is already on there? My courts online docket just has the date, time, what document it was and who filed it- not what the paperwork says. What will happen in court if they did not serve it within the right time frame or file it on time?? Thanks

Attorney answers (4)

  1. Michael Charles Schwerin

    Contributor Level 17

    12

    Lawyers agree

    1

    Answered . Family courts are very liberal and usually nothing happens. They are very lenient with people who represent themselves and someone who misses by a day or two will not be dinged. The rules are there but family court judges don't seem to follow them to the letter. Also, it may be filed and just did not hit the online system yet. Some filing clerks are faster than others with putting filings online.

    Michael is in San Jose, California and can be reached at 408-295-4232 or at schwerin@ix.netcom.com. Consultation... more
  2. Linda D Roberts-Ross

    Pro

    Contributor Level 9

    6

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    Answered . I am a little unclear as to how you filed a response, yet you don't know what the moving papers say. If you find out that the response you filed does not address the issues raised in the moving papers, I suggest that you inform the court that you never got the moving papers, but filed something in "an abundance of caution" and need additional time to directly address the issues raised by the other side. If you were not served within the time frame required by statute, you should raise that issue and object to the hearing going forward on April 5th. You could also ask the other side to provide the documents ASAP. At least you would have some idea of what the hearing is about.

    The information provided is for informational purposes only and does not constitute legal advice. Said information... more
  3. James Louis Miller

    Contributor Level 16

    5

    Lawyers agree

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    Answered . I practice Family Law in Fresno and my colleague is correct. Usually (depending on what the response is to) the courts are not that strict on late responses, which is actually a good practice. If you complain it is late the court can continue the matter. It's going to be heard so why not hear it on the day it is supposed to be. The best thing to do is try to meet with the other party before court and see if you can reach some sort of agreement.

    I offer free consultations if you would like to discuss your matter.

    Note this answer does not constitute legal advice, and should not be relied on. Each situation is fact specific... more
  4. Craig Scott Pedersen

    Contributor Level 4

    4

    Lawyers agree

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    Answered . I believe the 22nd was likely the appropriate day for the response papers/opposition to be served for an April 5 hearing (the rule is nine court days, which that would be taking into account the court holiday of Cesar Chavez Day). However, the law requires that it be transmitted in a manner reasonably calculated to ensure delivery to you by close of the following business day (which would have been March 23). If you did not receive it by March 23, then you may have an appropriate objection. As a practical matter, though, if you have timely filed your reply and there is nothing that you feel you were unable to adequately address, it probably does not matter that much. You may wish to comment on it to the Court but it may not be worth it to seek a continuance.

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