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if I am required to give 7 days Notice of Motion if I fax the

motions tommorrow which is Friday...
if I am required to give 7 days Notice of Motion if I fax the motions tommorrow which is Friday will that count as 7 days for a hearing next Friday.
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Answered in 9 minutes by:
4/1/2011
Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7,280
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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Let me see if I can locate a rule on-point for you. I'll be back in a bit.

 

Thank you for your patience.

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Customer reply replied 6 years ago
Ok I can send by email or fax tonight as well

I've been through all of the rules of civil procedure and I have been unable to locate a rule on-point. Having said that, I'm wondering if were researching a moot point. The fact of the matter is that you have not filed as of yet. However, you appear to be ready to file at this time. With that in mind, the prudent course of action is to go ahead and file, if not tonight by email or fax, then first thing tomorrow morning.

 

My speculation is that there will be no objection as this should clearly be considered sufficient notice. If there is an objection as to the time factor, I would suggest that your response should be that you provided seven days notice, counting the weekend, and that there cannot be any compelling argument that the opposing party was somehow prejudiced by the timing of the filing.

 

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Joseph
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