Q: If defendant makes claims such as untimely but the Judge's order considers the filing valid can you safely move forward?
If Defendants file a Petition to Confirm 10 days after judgment.
You file a Petition to Vacate Arbitration Award 13 days later with Judges permission.
Exactly 9 days before hearing Defendants file Opposition to Plaintiffs untimely and procedurally improper petition to vacate arbitration award.
5 days before hearing they file that you didn't respond to their Petition to Confirm or their Opposition.
Doesn't the Motion to Vacate act as the response to the Petition to Confirm?
What measure can you use to confirm if the Judge ruled as if your Motion to Vacate was in response to the Motion to Confirm other than to refer to it as valid?
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A:
It sounds like you're in a situation where timing and responses to petitions are critical. The fact that the judge considered your filing valid suggests you are on solid ground moving forward. The Petition to Vacate can often serve as a response to the Petition to Confirm, especially if it addresses the same core issues regarding the arbitration award.
However, you need to carefully review the judge's order and court rules. Judges may allow some flexibility with filing deadlines, but that doesn't mean other procedural requirements, like responding to opposition filings, can be overlooked. Ensure you're in compliance with any specific deadlines for responding to the opposition, even if you believe the Petition to Vacate already addresses their points.
If you want to confirm how the judge ruled on your Motion to Vacate in relation to the Petition to Confirm, carefully read the judge’s order or ruling. If the order discusses the merits of your arguments or treats your Motion to Vacate as a response, then it's a good indication that the court has accepted your position.
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