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jdfkl

Can JDB oppose my Motion To Strike his untimely filings?

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My main question is:  Do I have to give the JDB atty an opportunity to respond to my Motion To Strike their filing?  

 

(I can provide a background story if it's needed here -- Ut*h rules).

 

 

 

Because this is a Motion (of any kind), do I have to give the JDB's time to Oppose the Motion?

 

Because this is a Motion to Strike, can the opponent object to that at all?  Or is up to the judge to decide on its face?

 

 

 

 

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In Utah, they will have 10 days plus an additional 3 days for mail to file an opposition to your Motion. You then have 5 days plus an additional 3 days for mail to respond to the opposition to your Motion. My suggestion is to not get in a rush to ask for a decision if you have not received opposition in 13 days.  Give a couple of extra days as you want to be able to respond to their opposition.

 

http://www.utcourts.gov/howto/filing/motions/

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My main question is:  Do I have to give the JDB atty an opportunity to respond to my Motion To Strike their filing?  

 

(I can provide a background story if it's needed here -- Ut*h rules).

 

 

 

Because this is a Motion (of any kind), do I have to give the JDB's time to Oppose the Motion?

 

Because this is a Motion to Strike, can the opponent object to that at all?  Or is up to the judge to decide on its face?

 

Bob answered your question regarding time to oppose a your motion.

 

Unless your rules state otherwise, yes, they can oppose your motion to strike.  A motion to strike is a motion and a response to a motion is allowed.

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Unless your rules state otherwise, yes, they can oppose your motion to strike.  A motion to strike is a motion and a response to a motion is allowed.

 

Would you want them to be able to file a motion against you and then not have grounds to oppose it? You do get the opportunity to reply to their response and point out that they are wrong. Just make sure you raise no new issues with your reply, just argue against the points they made.

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I was afraid I would have to wait. 

 

The Motion to Strike (Motion B) is pertaining to Motion A. (Motion A has been sitting on the judge's desk a while.  He may make a decision soon.)

 

I mailed the JDB a copy of Motion B, with plenty of time to spare on the judge's decision on Motion A.  However, the Motion B mailing to JDB was returned to me  :/  

 

I re-sent Motion B to JDB, and I'm guessing the new mailing date is the official proceeding date per the rules, even though the court has my filing date a week or two earlier.  [Is the Official date the one with the court?  Or the new postmarked date to the JDB?]

 

 

Should I Motion For Continuance on Motion A, to wait for Motion B to complete its process? ( If I can get the JDB filings stricken via Motion B, I am likely to win the Motion A decision.)

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Meet and confer regarding the issues, in person or by telephone, and attempt in good faith to resolve or narrow the issues without court involvement.

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