Lawyer missing deadline?

[lovehiskids]

Dear Soc,

IN the middle of waiting for a decision on a custody case. Attys were to submit closing argument in writing by 8/6/04.  CP's lawyer did not submit until today, 8/13. I know that the judge has up to 90 days to decide. We are in AR.

1. Does the 90 days start at the court date (7/27), the deadline, or when her atty actually turned in his paperwork?

2. Can the judge refuse to accept the closing argement since it was recieved so late?


Thanks

LHK

[socrateaser]

>1. Does the 90 days start at the court date (7/27), the
>deadline, or when her atty actually turned in his paperwork?

Deliberation starts on the day that the matters at issue before the court are submitted to the trier of fact (judge, jury) for a verdict. Usually, a trial doesn't end until the parties' counsel have verbally given their closing arguments. On your facts, it appears that the trial itself is not yet over, because closing arguments haven't been submitted, so my bet is that it will be 90 days from the date that the last closing argument is filed with the court.

>
>2. Can the judge refuse to accept the closing argement since
>it was recieved so late?

Since the 90 days haven't even started, it's not "so late."

[lovehiskids]

Soc,

I may have misspoke..


The judge ORDERED that the written closing argments be on his desk by 8/9...

1. Since he gave that date for them to be in and her lawyer did not submit by then does the judge have the right to not accept it?

LHK

[socrateaser]

>1. Since he gave that date for them to be in and her lawyer
>did not submit by then does the judge have the right to not
>accept it?

Court has the authority to refuse to allow the closing if not submitted by the given deadline, but, unless there is substantial prejudice created by the failure, the court will probably allow it in. And, if allowed, then the 90 day deadline would proceed from the date of filing, unless you argued that your rights are prejudiced by the late filing, i.e., you're custodial rights are irreparably damaged for a greater period than necessary, and therefore that you should have a decision by an earlier date.

But, that's just the legal answer...you know how the court will work, and you're not gonna spend a bunch of extra money to try to get an earlier decision.

So...you wait.