Jump to content

Explanation of dates?


ty24
 Share

Recommended Posts

I was just curious what the dates mean in regards to answering. For instance if I am given 30 days to answer my summons, must the answer be received by the court/plaintiff within 30 days, or must it only be postmarked by the 30th day? For instance if I received my interrogatories which were postmared say on August 10 but I didn't receive until a few days later, must I then have the answers in the hands of the plaintiff by September 9, or must it only be postmarked by that time? Note, this is not the case, just an example, but I want to make sure I understand these dates to the fullest. Thanks in advance for your help!!

Link to comment
Share on other sites

Which is it , your answer or the interrogatories ? The answer I would date with the CMRRR slip and also have this same date in your affidavit of service , if one is required.

I'm asking about both. When you say the CMRR slip, do you mean the returned slip that has the date of delivery, or the date it was sent?

Link to comment
Share on other sites

As always, this is only my opinion, or best understanding.

Answers must be filed with the court within some number of days, say 30. This would start from the day you were served. If 30 days falls on a weekend or holiday, you probably have until the next business day. The key for Answers is "filed with the court", which probably means you do it in person. You mail a copy to the plaintiff; obviously if you file on day 30 the plaintiff won't get their mailed copy for a couple more days.

I believe it's similar for Interrogatories, etc.: Your time to send responses starts from when you received them, not when they are postmarked. So, if requests to you were postmarked on 8/10, and you received them 8/13, you have 30 days from 8/13, which is 9/12. If your response are postmarked by 9/12, they shouldn't give you any grief.

DH

Link to comment
Share on other sites

OK, but if they didn't send the interrogatories CMRR, only sent reg mail, then how will they know the date of receipt? Also, and this is the one I'm really worried about. Say I want to send them interrog's, but the court date is within 30 days and by law they have 30 days to answer, do they have the option of not answering in that case? Thanks to all for your responses.

Link to comment
Share on other sites

They don't need to know the date you received it - you know, and you have 30 days from then. In general, they'll probably assume the mail will cause an extra 5 days. Nobody's going to get their panties in a wad over a day or two.

Regarding your next question, I'm not sure. One possibility is they ask for a continuance (postponement) of the trial in order to have time to respond to Discovery. Or, you move for a continuance in order to provide time for them to respond.

I suppose they might claim you waited too long to send your requests. I don't know if your state rule of civil procedure say Discovery requests must be sent some amount of time before trial.

But remember this: The purpose of Discovery is so each side sees the cards the other side is holding. The court hopes one side will give in and offer to settle before a judge needs to spend any time hearing the case. Worst case scenario is you go to court without any advance warning of what they're going to produce as evidence.

If I were you, I would send the Discovery requests, and file that motion to postpone the trial until plaintiff has had time to respond.

DH

Link to comment
Share on other sites

It is my understanding that an answer to a summons must be received by the court 30 days from the day you were served. Call the court clerk to make sure.

I found in the RCPs that there are to be 3 days added for service by mail. I called the clerk and asked if that meant I had 3 extra days to get it into their hands or 3 extra days to get it postmarked. She said the circuit clerks office does not handle that and that I need to consult an attorney. Ugh!

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.