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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37639
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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It is my understanding that you must serve the other parent

Customer Question

It is my understanding that you must serve the other parent with endorsed filed copies of court forms at least 16 court days before your hearing (+ five calendar days if the place of mailing and the place of address are within the State of California).The proof of service via mail says I got the papers 4-22, and our court date is 5-16. That's only 15 court days before the hearing, but since it was service via mail it should be 21 days - correct? I also did not get all attachments referenced in the filing, nor did what was served on me include an fl320 form as required for my response. What are my options?
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good morning,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. When you received the papers in not the issue. The issue is the date of mailing/date of postmark (which may be the day after mailing). The 16/21 days is for service of the original motion, and if you did not receive all documents, then you need to either get them for yourself or ask the opposing party to supplement their filing and service. The 5 days for mailing is calendar days and not court days. Here is an FL 320 for your use: I assure you that the judge will not dismiss the motion or continue the hearing just because the FL 322 form was not included. Your Options: If the motion itself was not timely served, you may make a motion to continue the hearing based on failure to timely serve, or you may ask for a continuance at the hearing---which you may or may not get. Judges do not like petty arguments about a couple of days out of 21 on service of a motion, a response or other documents. This is not a statute of limitations issue that is fatal to the other party and most judges routinely overlook these minor variations in compliance. The missing documents referenced may be missing because they were not filed after all by the other party, or because of oversight. Call the other party and ask for all documents filed with the motion. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.I wish you and yours the best in 2016,Doug

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