how many days to respond a motion to dismiss in the federal court ?
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how many days to respond a motion to dismiss in the federal court ?
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I have a federal law suit against my lender and their lawyer is trying to dismiss my case so I have to 10 days to respond but not sure if the weekend counts or only business days?
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bcnu
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LawyerX is right (of course). In fact, you can't even trust the court's own clerks to give you valid advice on issues like this, because if they're wrong, it's still "too bad for you" and you could see your documents rejected as "untimely". I know an attorney who was 20 minutes late filing a list of expert witnesses, on a 5PM deadline, after the federal court's clerk said it was "okay" to be a few minutes late. Long story short, judge refused to enter the documents, refused a motion to reconsider (with a lengthy brief on the topic), and without access to expert testimony the case was lost a year later. |
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Lawyer X
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If the applicable rule says 10 days, it includes weekends, which means you may have fewer days if the 10th day falls on a non-court day, unless the rules provide otherwise. Bottom line is--no one can represent themselves (or a client) in a federal court action without thoroughly studying the Federal Rules of Civil Procedure, the local district court rules, and the judge's rules. |
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Pround Man
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