Redondo Beach, CA asked in Divorce, Family Law, Child Custody and Child Support for California

Q: Respondent filed amended responsive decl just 4 days before the hearing?

This is divorce case. I filed Motion to Set aside in Feb, and Respondent filed responsive declaration in March and I filed my reply in May. I believe I rebut RP's decl effectively, however, RP suddenly filed an amended responsive decl just 4 days before the hearing. RP removed all allegations I rebutted and the amendend responsive decl is , in fact, their reply to my reply. What should I do? RP means.

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Divorce Lawyer
  • Sacramento, CA
  • Licensed in California

A: In a California divorce case, if the Respondent filed an amended responsive declaration just 4 days before the hearing, it may be considered improper and unfair to you, the moving party. This is because the Respondent's amended declaration, which effectively serves as a reply to your reply, was filed too close to the hearing date, leaving you with little time to respond or prepare.

Here are some steps you can consider taking:

1. Object to the amended declaration: At the hearing, you can object to the court considering the Respondent's amended declaration on the grounds that it was filed too late and prejudices your ability to respond adequately.

2. Request a continuance: You can ask the court to postpone the hearing to give you more time to review and respond to the Respondent's amended declaration. However, the court may or may not grant this request.

3. Prepare an oral response: If the court does not grant a continuance, be prepared to address the Respondent's new arguments and allegations orally during the hearing. Focus on the most important points and emphasize the unfairness of the late filing.

4. Submit a written response: If the court allows it, you may request permission to submit a written response to the Respondent's amended declaration within a reasonable time after the hearing.

5. Consult with an attorney: Given the complexity of the situation, it is advisable to seek guidance from a family law attorney who can provide specific advice tailored to your case and help you navigate the legal process.

Remember, the court has the discretion to decide whether to consider the Respondent's amended declaration and how to proceed with the hearing. Be prepared to argue your position and emphasize the importance of fairness and due process in the proceedings.

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