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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88415
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Hello Paul. I served the Defendant a motion to request admissions

Resolved Question:

Hello Paul.
I served the Defendant a motion to request admissions on June 14, a motion to amend complaint on June 18, and a motion to extend discovery on June 21. The Defendant replied with motions objecting to the various motions on July 11th which is greater than 21 days from service of the first two motions and exacting 21 days for the last motion. However, the Defendant's reply was an email with Word Documents that were not signed. Signed motions did not arrive till July 16th which is after 21 days. The hearing for these motions is this Friday, July 26th. Since the objections were made after 21 days, doesn't the Defendant loose the right to object? What must I do to get their motions rejected/denied?
Submitted: 12 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your new question and for asking for me. I look forward to working with you again.

You need to file a motion to strike his objections as being filed out of time with the court. In the motion you need to state that he failed to file timely objections with the court within the time specified by the rules of civil procedure and as such his objections should be stricken and not allowed based on such untimely filing. The court retains the discretion to allow untimely filed pleadings, so it would then be up to the court in your matter to decide.



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Customer: replied 12 months ago.

Is there a particular rule of civil procedure that should be referenced? Isn't the response time to motions 21 days from receipt of service? Lastly, does service to me occur when I receive an email with unsigned documents or when the signed and time stamped documents arrive by mail?

Expert:  Law Educator, Esq. replied 12 months ago.
Yes, VA Rules of Court Rule 3:8.

Answers, Pleas, Demurrers and Motions.
(a) Response Requirement. A defendant shall file pleadings in response within 21 days after service of the summons and complaint upon that defendant, or if service of the summons has been timely waived on request under Code § 8.01-286.1, within 60 days after the date when the request for waiver was sent, or within 90 days after that date if the defendant was addressed outside the Commonwealth. A demurrer, plea, motion to dismiss, and motion for a bill of particulars shall each be deemed a pleading in response for the count or counts addressed therein. If a defendant files no other pleading than the answer, it shall be filed within said time. An answer shall respond to the paragraphs of the complaint. A general denial of the entire complaint or plea of the general issue shall not be permitted.
(b) Response After Demurrer, Plea or Motion. When the court has entered its order overruling all motions, demurrers and other pleas filed by a defendant, such defendant shall, unless the defendant has already done so, file an answer within 21 days after the entry of such order, or within such shorter or longer time as the court may prescribe
.

The timely filing is when the document is actually received in the court and stamped by the clerk, not when you receive a copy. Thus, if they filed their objections with the court within the 21 days they are considered timely filed, even if you received them later, so look at the date they were received by the court.
Customer: replied 12 months ago.

When I file a motion to strike, do I file a separate motion to strike for each motion and

am I to include an order to strike for each?

Expert:  Law Educator, Esq. replied 12 months ago.
No, you file ONE motion asking for each one of them to be stricken, no need for multiple motions that just aggravates the court. Just list each of their objections in your single motion and the dates you served them and the dates the answers or objections should have been filed to show they were filed out of time.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 88415
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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