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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Deadline for Filing A Responsive Declaration After a "Shortened Time" Order

    My ex has filed and ex parte' motion and was granted a "shortened time" in a custody issue. She wants to keep our two daughters 100% and has lied about abuse. We have attended the FCS mediation and we are awaiting the recommendations. There will be a hearing on a "shortened calendar" in a few weeks.

    we are both unrepresented at this time. I was surprised to find that SHE could personally serve me notice for the ex parte' hearing.

    My questions: I need to file a responsive declaration (RD). Since this is a shortened calendar to an ex parte' matter, do the traditional timelines for providing the RD apply?
    When must I file the RD with the court?
    Do I have to provide her copies of my RD prior to our court date?
    Can "I" serve her copies of this reply personally (me to her)?
    Do I have to provide a proof of service before filing with the court?
    Thanks in advance for any assistance,

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Deadline for Filing A Responsive Declaration After a "Shortened Time" Order

    As you were tod when you posted, laws vary by state. As you chose to ignore the instruction to identify your state, you will have you research your state's laws and court procedures to determine what your obligations are.

    If you want your responsive declaration to be in the hands of the court at the time of the hearing, quite obviously you would want to file it in advance of the hearing. I have no idea why you would consider not filing a responsive declaration. It is generally to your significant disadvantage to go to court based upon pleadings that reflect the position only of the opposing party.

    Anything you file with the court should also be served upon the opposing party (or, if they're represented, their lawyer). You should be able to effect service by mail, and should file a "proof of service" with the court. You can research your state's rules of civil procedure for the specifics.

    You want the court to have your current address such that you can receive court notices. Generally speaking, your address will be reflected in the case caption on documents you prepare. If the court has an incorrect address you will want to correct it.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Deadline for Filing A Responsive Declaration After a "Shortened Time" Order

    To be clear. I am in San Diego, CA, North County Branch. I travel extensively for work. I am in a time crunch and I want to make sure that I haven't missed the opportunity to file a reply. Since she got an order shortening time, what does that do to my reply window (number of days that it must be filed before the court date?). Most documentation on the court's website indicates "9 court days prior...", ..."unless there is an order***shortening time***..." I need to know what the new number is?

    If anyone knows, please help. She takes huge advantage of my being away by filing ex-parte's and shortening time, etc.

    Thanks

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