My lawyer said it was a non-issue now saying we won't know if the judge will throw out my declarations, etc. until my hearing in the morning. This involves temporary custody of my children and child support
What is your question? Your lawyer is correct that it is discretionary with the court whether or not to accept your papers. In my experience (but I do not have any in Thurston county) most courts will not strike the pleadings or motion but they might, depending on the circumstances, allow the other side time to review the documents, perhaps setting the matter for a new hearing. However, it sounds as if the papers you filed were responses to their documents so the other question is how late were they and which documents were not filed on time. Without more information it is not possible to help you any further.
It appears that you are uneasy about the untimeliness of your attorney filing some papers related to a temporary hearing. Be assure that the opposing lawyer cannot strike your evidence--that is within the court's authority. But...I agree with Mr. Couture, I cannot tell what your question is or what actually occurred. When there is a time crunch--often the case when an initial action is filed, a continuance is often appropriate and your matter might be continued.
I figure that your hearing already occurred this morning and you know what happened by now. If you are unhappy with your lawyer, you have the right to change to another lawyer. Good luck with your case.
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