Is this in the rules of court/law?
Generally the other side as a cutesy will grant more time if it is reasonable. For a motion you have to ask the other side as a precondition, and that is your meet and confer.
Nope. You are under no duty to grant an extension and can run to the Court with your request for default. Hell, under the Rules of Court, you are required to request entry of default if the other side hasn't filed a responsive pleading 10 days late. You can be subject to sanctions.
Of course, if you are in contact with the other side, and you default them without a heads up, the Court will consider that a dick move, and will most likely set aside the default. That's not to say that you aren't in your rights, but generally speaking, its better to appear reasonable at first, and pick your battles.
While I am an attorney with over fifteen years of experience, until we sign a retainer agreement, I am not YOUR attorney. My postings are meant for informational purposes only, and DO NOT constitute legal advice, nor do they create an attorney-client relationship between us. As such, the question, my answer, and any comments left to my answer, are not protected by attorney-client privilege. Also, keep in mind that all legal claims have relevant statute of limitations, some of which can be very short. So, if you believe you need to hire an attorney, and need legal advice, seek out legal representation as soon as possible.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline