My husbands ex and her lawyer filed a fl-306 and fl-307 less then 19 hours before our scheduled hearing 12/3/19. We saw online she filed 4 (two copies for each motion) we still today 1/7/20 have not been served the fl-307 and fl-306 by her lawyer. What typically happens in this situation of being improperly served these documents? My husband and i showed up to court and that's how we found out she asked and was granted a continence on 12/3/19. Also Thursday 1/9/20 will be exactly 9 court days from hearing for her to file responsive declaration, looking online she has not filed one. She lives in Oklahoma so needs +5 days for mailing. Shouldn't her response be filed?
From your description, it sounds like the ex made a request for continuance of the December hearing and it was granted. You could have asked the court to review her filings before it made the order. You also could have asked for the court to set a due date for her to respond to your RFO. It is not unusual for responses to be late filed and unless your husband shows the court that her late service or filing of the response prejudices his presentation of his case, the court is likely to ignore the lateness. Furthermore, as long as he has received her response before the hearing, he has not been prejudiced by a late filing; the court may, but usually doesn't, find it has been prejudiced the late filing and continue the hearing.
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