FOR SOCRATEASER IF AVAILABLE OTHERWISE: I am pro se
. I filed for an extension of time to respond to an affidavit of attorney fees in a CO DR case, District Court, as I did not receive service by the date specified by the court (7 days for OC to serve, 7 days for me to respond.) Hearing where affidavit was ordered to be filed was 1/11/16. OC did file the affidavit electronically via ICCES on 1/15, which OC knows, as a pro se party, I have zero access to. The date by which service was due came and went, so I went in person to the court clerk who verified OC had filed electronically (absent my written consent or as a result of my including my email in any of my filings, which I have not.) Clerk informed me ICCES would mail service automatically to a pro se party. I waited and waited, no service. On the final day before my response would have been due had I received timely service, I filed for the extension of time for said reasons (on Friday, 1/22/16.) Technically, counting of time for my 7 days to respond would be today, 1/25/16, as the 7 days counting ended on a Saturday (1/23,) therefore the next day not a Saturday, Sunday, Fed Holiday represents the end of counting.
My question: As I will certainly not hear about courts decision to grant extension of time by today or not, the possibility exists of defaulting should I assume extension will be granted and therefore I file nothing in opposition today in response. I did finally receive service in the mail the night of 1/22/16, after my request for extension was filed.
How can I preserve my ability to respond when not knowing if an extension will be granted? Can I file a "stopgap" response, requesting it be considered only in event that extension for full response is denied? Can you suggest a more effective way to accomplish same? Any key words or CO statute to use in my "stopgap" response, if such a filing is even appropriate, would be appreciated.