General Question

norah's avatar

Is there a standard response time after someone has filed a motion (against you)?

Asked by norah (241 points ) March 8th, 2011

I’m thinking it’s 30 days but wondering if there is a standard anywhere for this. It’s a family law matter in CA.

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8 Answers

blueiiznh's avatar

I don’t know specifically about California but it will state in the motion as to when you need to have a reply filed.

Seaofclouds's avatar

From my experience it depends on the motion. When I filed for emergency custody of my son in Delaware, my ex-husband had a shorter time to file a response than when I was filing the regular motion for full custody. I think one was 2 weeks and the other was 30 days. Either way, it was stated in the motion, as @blueiiznh mentioned. Sometimes, I think you just show up to the proceeding and go from there, without having to file an actual response with the court first. If you need to know and are unsure, call the court house listed on the motion (assuming you’re the one that received something) and ask them.

zenvelo's avatar

The Family Law court where I live in California schedules things three weeks out. Even emergency orders, if granted, are reviewed three weeks out.

They also require court supervised mediation for custody prior to the hearing.

YARNLADY's avatar

The response time is usually stated on the papers you were served with.

Taciturnu's avatar

My sister is going through a divorce and custody battle across state lines. Everything’s filed in California and she was given 30 days to file a response. I would assume it were the same for all matters, but it may be beneficial to go to your local courthouse and ask someone. Not that they’re much help… At least they weren’t when I went there with my sister… But it’s worth it to check.

perspicacious's avatar

No. This is different in the states and different motions carry different response times. You can find this in your state’s rules of civil or criminal procedure. If the motion is filed in Federal Court, look in the Federal Rules. They are accessible online. Or, talk to an attorney better yet.

Taciturnu's avatar

EDIT: should read “same for all family matters in the State of California.” since that’s where the OP is asking in regards to.

norah's avatar

Thanks everyone. It WAS written on the bottom of the motion and it was 14 days prior to the scheduled hearing.

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