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

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

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Filed under: Family law
Attorney answers 4

Posted

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 fees, rates and retainers vary based on need and ability to pay.

Asker

Posted

I am the one not represented- he actually is now; so the attorneys office is the one that sent me the responsive declaration to my notice of motion- will that make any difference?

Michael Charles Schwerin

Michael Charles Schwerin

Posted

Not usually.

Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys.

Edna Carroll Straus

Edna Carroll Straus

Posted

You have already asked about this on Avvo,and been answered. If you really want good results simply mediate and DO. Not. Litigate. No-- it will not bring you any "justice."

Asker

Posted

Yes I have asked and other attorneys and lawyers have kindly taken the time to give helpful information- thank you!

Posted

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 and court specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship

Mary Katherine Brown

Mary Katherine Brown

Posted

As always, the highest regard should be given to the information provided by your local attorneys.

Posted

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 does not constitute the formation of any attorney/client relationship. The information is provided without consideration. An Attorney / client relationship can only be formed upon the execution of a formal retainer agreement and payment of retainer fee between a consumer and my office. We are a federally designated debt relief agency.

Asker

Posted

I (respondent) am the one that filed the notice of motion, what I received was the petitioners responsive declaration, I then filed a reply and objection to it with a few declarations from other people. The envelope they sent it to me in is dated the 22nd and court is on April 5th- my understanding was that if they were mailing it first class mail that they had to file it 9 court days before and add 5 calendar days to mail it. If they mailed it on the 22nd it was not 9 court days plus the 5 calendar days for mailing. I hope that makes a little more sense- thank you for your time!

Mary Katherine Brown

Mary Katherine Brown

Posted

Again, your local attorneys are the best source of guidance and up-to-date information. Good luck!

Asker

Posted

Thank you, I was just responding to Linda D Roberts-Ross, so she understood a little bit more of the situation I was addressing- I have spoke to a local attorney. He was very helpful it was just expensive for that information that's why I love this site and that so many lawyers and attorneys are able to give helpful advise to those who really can't afford it... like me! I appreciate all the time that has been provided to me. Thank you!

Mary Katherine Brown

Mary Katherine Brown

Posted

Indeed, we are all lucky to have the contributions of Attorney Roberts-Ross :-)

Posted

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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