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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
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Experience:  19+ Years of Legal Practice in Family law matters.
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How do you reply to notice to extend with OR without objection

Resolved Question:

In Arizona Family Court, how do you reply to notice to extend with OR without objection and attach a Separate motion that does not require orals or new evidence?
Submitted: 3 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 3 years ago.
If you are not objecting to the Notice of motion of the other party, then you need not reply or you could file a document you draft, instead of saying "Opposition" to Motion, state something along the lines of "XX's No Contest to YY's Motion to Extend". However, if you are then going to ADD a different motion/request of your own, you would want to include something along the lines of "& XX's Cross Motion for ____."

Then, in your supporting affidavit, you can make your factual paragraphs address the fact that you do not oppose the Extention, but due to XYZ you are moving for an Order for ____. Provide your supporting facts in paragraph format for that Motion YOU are making (in this case, cross motion). It is nice to add it as a cross motion rather than a new motion, so it can be heard and decided on the same day, potentially.

Good luck.

Customer: replied 3 years ago.

Thank you, XXXXX XXXXX definitely accept so you can get paid. But, could you please answer this additional question:

In the filing of an objection to a motion to extend time, is it permissable in Arizona family court to attach a separate petition to the objection (as a convenience) provided the petition is also filed separate and a part from the objection itself

 

Expert:  AlexiaEsq. replied 3 years ago.
As noted above, why not file your "Defendant's Opposition to Plaintiff's motion to extend, & Defendant's Cross Motion for XXX" - I would combine, but label the title accurately, unless the court directed otherwise. That is what Cross Motions are about, preventing the need for an entirely different motion date for each one, thereby saving the court and the parties time and money and moving things along faster.
Customer: replied 3 years ago.
We have already done what was mentioned in the second question so I guess the question is that permissable?
Expert:  AlexiaEsq. replied 3 years ago.
I see no reason not, unless the Judge tells you - "I want that cross motion separated."
Expert:  AlexiaEsq. replied 3 years ago.
Incidentally, I don't know why he'd do that. However, he may make a partial ruling on the extension (on the papers, for instance) then rule later on your cross motion, particularly if he thinks he needs more fact, perhaps a hearing, etc.
Customer: replied 3 years ago.
We didn't do a cross motion. In documents sent to the Judge, we objected to the motion to extend time and attached a separate petition for the to the objection (as a convenience). The petition was also filed separate and apart from the objection itself. Was this permissable, ok?
Expert:  AlexiaEsq. replied 3 years ago.
I think that is OK. You just may have to have it heard separately (after). It is also possible that the judge could, sua sponte, convert it into the cross petition it perhaps may rightly be considered, in the interests of economy. In any event, I do not believe doing it your way would hurt you, from a substance point of view.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11569
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 10 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

In Arizona Family Court when we filed the Objection to Extension, it had my son's (Petitioner) original signature on it.

He attached the Petition to Redress which you said earlier that you thought was "ok". The Petition was not signed by my son as he submitted the Petition on behalf of his disabled son and his sister. The person who filed for us said the documents HAD ot be filed as one/Objection since there was not an original signature on the second document/Petiton.

Do you forsee this as a problem? The Petition for Redress of Grievences was relative to a Discrimination charge of my disabled grandson.

Please advise asap.

Expert:  AlexiaEsq. replied 3 years ago.

Hi, with regard to your new posting:

 

In Arizona Family Court when we filed the Objection to Extension, it had my son's (Petitioner) original signature on it.

He attached the Petition to Redress which you said earlier that you thought was "ok". I don't know what you mean by a petition to 'redress', as I don't know your case. But the Petition is likely a separate act - attaching it/stapling it may get it hidden in the paperwork, so you may not know if the clerk even noted it was there. The top page is generally the Notice of Motion/Petition, but if that was stuck behind other papers, it may not have seen. This is a logistical problem.

 

The Petition was not signed by my son as he submitted the Petition on behalf of his disabled son and his sister. The person who filed for us said the documents HAD ot be filed as one/Objection since there was not an original signature on the second document/Petiton. I'm assuming your son has POA or some other authority to be submitting on behalf of these other family members. If not, he may be committing "the unlicensed practice of law" - although that is a totally separate issue...If the clerk who acceppted the filing said the oppostion should be together (stapled?) with the petition, than I would likely do as this particular court prefers. However, without a signature on the petition, it likely generally fails technically. HOwever, it wouldn't be the first time a court let little rules slip, so only time will tell.


Do you forsee this as a problem? I see it as a 50/50 - does the judge catch AND care that the petition isn't signed? If not, you're likely good to go. If not, the petition will have to be refiled. The Petition for Redress of Grievences was relative to a Discrimination charge of my disabled grandson.

Please advise asap.

Customer: replied 3 years ago.

Pursuant to ARS 25-403 (A) (B) can a temporary Order for custodianship obtained through coercion and duress be petitioned and if so, what kind of motion should be entered? OR, if the temporary Order does not constitute an "agreement" is there any other means of motioning against the Temporary Order besides letting it run its course?

As a second tier approach, how can that ALL be pursued under a memorandum to a Motion for Discovery left unheard?

Expert:  AlexiaEsq. replied 3 years ago.
Hi, I"m going to have to ask you to pose this separate question under a new thread, as it far exceeds the scope of what you initially asked. I'm not even sure it can be answered here, although possibly so, with some extra research. You may want to bear in mind the lengthy research that will likely be required of an expert when you do post it, as it may somewhat exceed that transaction size here - it really is a far more complex question.

Thanks!
Customer: replied 3 years ago.

I dont know what you mean by "an new thread" - resubmit part of the last Reply to you?

Which part?

Also, what court handles discrimination redress under Rule 36?

Expert:  AlexiaEsq. replied 3 years ago.
Create a new question and either I or a different expert will seek to address it. Your new questions are separate from the old one and its follow ups - as they are not follow ups, but different questions requiring a whole different set of research. Thanks!
Customer: replied 3 years ago.

So I should submit each question as a separate one and as a new question?

Expert:  AlexiaEsq. replied 3 years ago.
Generally yes, but if they are very closely related, you can try to put two together. And if you follow up with a clarifying question concerning the answer you got that may have left confusion as to what was meant, you don't need to do that separately either. As you can imagine, legal tangents can go on endlessly, so I find that this helps delineate a start and stop to a transaction, while allowing sufficient follow up and clarifications.
Customer: replied 3 years ago.

I am so confused. Please help. I'm not sure I understand your response but I sent some questions separately and now they appear to not be in my account and .I have a few new ones. Should I just start over submitting one question at a time?

 

Expert:  AlexiaEsq. replied 3 years ago.
Yes, just like your other threads, just start a new one. That way other experts can pick up on it if I am not around (and my schedule is likely difficult this week). And you're right, I don't see various other open threads - perhaps a tech fluke - please try again!
Customer: replied 3 years ago.

Again, what are "threads". I guess you mean my questions and answers and replys?

Question #1: Can you appeal a Ruling and an Order?

Expert:  AlexiaEsq. replied 3 years ago.
Yes, sorry, term of art here. Start a new question page.
Customer: replied 3 years ago.

I thought I did start a new question page but my questions weren't even posted. I am hoping you can help me as I have several questions and you seem to be very helpful to me, thank you.

Hoping you get this and can respond:

Procedurally, can additional motions be entered via Addendum to a pending Motion for Discovery? Can it be titled something like "Motions for Addendume to pending Motions for Discovery"? (assuming it is short and sweet)

Expert:  AlexiaEsq. replied 3 years ago.
If you already filed a Discovery Motion, you likely will find it to not work so well to ADD to it another Motion, because you will not be able to give the opposition the days of notice required before the scheduled date for the motion to be decided (original motion). THis is why it is best to know all the things you want to move for and make them at the same time. You can, of course, file another motion, but it will have to provide the court rule days of notice to the other side, so that the other side has the time to submit its opposition, if any...It may be that that first unheard motion could be merged with second motion - but that means delaying the decision date for the first motion to line up with the second one. Only one court date though, which is nice, rather than 2 separate.

-------------

Customer: replied 3 years ago.

Thank you so much.

Additionally, if Motion for Discovery remains unanswered after 30 days, how do you enter or title Addendum with attachment?

Customer: replied 3 years ago.

Alexia,

How do you set the date....thru Notice etc.? OR just enter for Discovery and wait?

ALSO, is it better for you if I submit each ? separately or as a Reply?

Expert:  AlexiaEsq. replied 3 years ago.
I don't understand your question. If the judge doesn't answer your Motion, you need to contact the court and ask for when the 'return' date on your Motion will be...

Not to beat a dead horse here, but I'll be getting myself into some hot water if you don't pose new transactions for new questions and I answer them here. Kindly note the need to accept, and try to post new questions (I realize you were having difficulty before, but perhaps that tech issue is resolved. I also see that you actually may have posted a new one? I see 5 questions (threads) in your history. Thanks!
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11569
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 10 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Does a relief motion and order to schedule Concurrent reply require a "Notice"?

You are the only attorney I can get answers from. Should I just resubmit all my questions to you as NEW questions?

Expert:  AlexiaEsq. replied 3 years ago.
Hi, yes, can you put this in a new question. Thanks for understanding. You can put them to me and if I can't answer it (or won't be around), we can certainly open it up to others. Thanks!
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11569
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 10 other Family Law Specialists are ready to help you

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