Have Legal Questions? Ask a Lawyer Now.
Does the motion have a return date or date for appearance?
Typically, you would be able to file a response through and until the date of the appearance of the motion
which is normally scheduled within 30 days
In the response, you have to show the claim is without basis, that your claim has merit, and if you obtained an order, that it was duly issued and binding
It has a date that the court received the() sc105 form and it is Dec 19,2011and the date he filed the motion of Dec 09 2011
Generally the court considers these matters orally
if on the court date a party want to put in written opposition, it does so by that court date
or it can appear on that date and seek to postpone the date
and seek to have time to file written response
The court usually grants initial extensions for any reason and especially if one needs time to review and respond
Do I need to go to the court an file any new paper work or another motion/
What is your position on the motion briefly?
you should oppose it if you oppose it by affidavit
and have on record why the request should be denied
If I can clarify anything, please ask me
I don't know why he thinks someone singed the order who was not named in the claim?
It frankly sounds ridiculous
and a court should dismiss it outright
but you should appear at the court dates concerning it
Would this be a reason to get more time to get his case delayed
I hope that is fast and clear.
People do this for delay, out of desperation, or a misunderstanding of the law
Thats what i was thinking thanks . as I understand I do not need to file any new motion but do need to appear on the court date
Have a wonderful 2012
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).