Case is in Michigan, all parties are in Michigan. I am pro se.
I filed a Motion to Change Primary Residence of the Minor Children with a Proof of Service of 1/11/07 in conjunction with the rules of service. The county allows 14 days for response to a motion and the state allows 21 days.
Ex received the Motion and waited until 1/31 to hire an attorney to represent him. Notice of Representation was filed with the court on 2/2. In any case, the time for response has passed according to the rules. I am aware that if my ex and his atty don't respond at all then it's considered an admission of the claims in my motion. The response was filed with the court 2/15 and our hearing is tomorrow afternoon 2/20.
I would really like for any responses and counter-claims to be ignored by the judge.
1. What can I say to the judge about this late filing during the hearing?
2. Can the judge ignore the filing and its contents?
Thank you!
I filed a Motion to Change Primary Residence of the Minor Children with a Proof of Service of 1/11/07 in conjunction with the rules of service. The county allows 14 days for response to a motion and the state allows 21 days.
Ex received the Motion and waited until 1/31 to hire an attorney to represent him. Notice of Representation was filed with the court on 2/2. In any case, the time for response has passed according to the rules. I am aware that if my ex and his atty don't respond at all then it's considered an admission of the claims in my motion. The response was filed with the court 2/15 and our hearing is tomorrow afternoon 2/20.
I would really like for any responses and counter-claims to be ignored by the judge.
1. What can I say to the judge about this late filing during the hearing?
2. Can the judge ignore the filing and its contents?
Thank you!