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  1. #1
    Join Date
    May 2007

    Default Extension Of Time To Answer A Complaint

    My attorney filed my custody papers and my ex was served on March 10. My attorney told me that the ex had 30 days to file an answer. When that time was up, my attorney...without asking me...gave him another 30 days. He said the judge would have given the ex an extension. So here we are past the extension by 2 weeks and my ex has still not filed his papers. My attorney set a court hearing for June 25 to see if judge will go ahead and sign my papers. Can someone give me some advice on the time extension, as far as will the judge give the ex more time and if it's normal for someone to have this much time to file an answer. And what are the chances of filing on default and the judge just signing what I asked for. Oh and you can read the whole story in the thread Modifying Custody from momintn. Thank you.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Extension Of Time To Answer A Complaint

    It's a matter of courtesy. Laywers frequently give each other extensions, and it's a two-way street. Your lawyer may need an extension on a motion answer or you may need a court date or deposition rescheduled, and your lawyer is on the right foot to get it by asking.

    Absent an extension the lawyer may have put together and filed a quick answer, which might have subsequently needed to be amended, or might have brought a motion for more time. At such a hearing the judge would probably want to know why your lawyer didn't extent opposing counsel a basic courtesy. "My client instructed me not to" would, in my view, be taken as a sign of either poor client management or a client who was going to be a difficult litigant. Either way it's a sorry first impression to give to a court.

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