Responding past deadline

[wendy11068]

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!

[socrateaser]

>1.  What can I say to the judge about this late filing during
>the hearing?

Nothing, unless your ability to prepare is prejudiced by the late filing -- that would be grounds for a continuance to allow you time to prepare.

>2.  Can the judge ignore the filing and its contents?

Judge must do substantial justice -- won't ignore the response.

Also you're wrong about no response = admission. That only happens with an initial complaint at law. And even then, court will usually not force a conclusion that does not follow from the true facts.

Admissions are intended to narrow the scope of issues at trial -- not allow false evidence to prevail.