I have a custody and support hearing on June 29th. I am self-represented. The other party was suppose to respond to my RFO nine court dates prior to the hearing date. I received it in the mail on June 22nd and it was postmarked June 18th. Is this still meeting the deadline? If not, what can I do to get it waive or not admitted? Thank you.
An opposition is due 9 Court days in advance of a hearing which in this case would be by July 16th. One can file a request to strike the late filed opposition.
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In NY late filings usually are accepted but the party receiving same is then given a liberal amount of time to respond as necessary.
An opposition to an RFO is to be filed 9 court days before the hearing. You can object to the untimely response but it will likely be looked at regardless. It wont stop the other party from testifying as to what was in the response at the hearing.
This response will not create an attorney-client relationship between you and Sarieh Law Offices, and is not intended to serve as a legal advice in your specific circumstances. This response is a legal opinion based solely on facts represented and you should not rely on this legal opinion as a legal advice. You still need to consult an attorney directly to fully protect your legal rights.
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